Expert: George H. Morgan, P.E., Patent Agent - 7/19/2010

Question
Hello,

I created a mixed cocktail while working as a bartender.  It got rave reviews and became a favorite Although I haven't been a bartender in a while I'm still asked to mix it up at parties and constantly told I should bottle it.  I have contacted a couple companies i found on the internet.  I asked basic questions and wanted a rough idea of how much it's going to cost to just get started and other estimates.  I knew it couldn't be exact but wanted to see if this is something I can pull off now of in 10 years.  Anyway both companies are outside the US.  One company says yes we will be able to  assist you with all aspects, legal stuff, bottling etc to get started we need to enter a production agreement which will cost $5000.  The other company says they need more information for a quote so can I send the recipe and a sample for them to taste.  They said they will sign a non disclosure agreement.  I wonder is that enough to protect my recipe especially dealing with companies based outside the united states.  Is a patent what I truly need?  Is there a certain type of lawyer I should discuss this with first?  Thanks

Answer
If you created it more than a year ago, and were mixing it for people over a year ago, at parties, or in a public place for sale, it is not eligible for a patent, as it was "disclosed or offered for public sale" over a year ago, and is no longer considered "novel" by the patent office.

I suggest  you consult an attorney that specializes in intellectual property issues. Coca Cola, as an example, protects their products with trade secrets.  The attorney does not have to be a patent attorney as, from what you wrote, it probably is no longer novel.

I do only patents. I am aware of the other issues, but they are outside my area of practice.

Best wishes on your project.

George H. Morgan