Expert: Nyall Engfield - 8/23/2009

Question
I have a specialty salad that is not being sold in any grocery presently. Can I put a patent or copyright on the combination of the ingredients in the salad to sell in Canada or US?

Regards, Moh

Answer
Yes, you can copyright a recipe. In that case, you are protecting the list of ingredients, however, and not any flavour effect that results from the combined list of ingredients, such as might be protectable by a patent. Patents are very difficult to obtain on food, and generally are granted only where the new combination produces some kind of unforeseen chemical reaction. Normal combinations of food, even when cooked (and reacting chemically) are not viewed as patenable.