Can someone tell me the difference between a patent and copywriting a recipe?

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ella_bean asked:


I make and sell a homemade product. Legally I have to disclose the ingredients on the label however not the quantity. (I’m in Canada)

What does Copywriting do, that having a product/recipe patented doesn’t?

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4 Responses to “Can someone tell me the difference between a patent and copywriting a recipe?”

1. yellowdogs2kids4 on January 31st, 2009 2:25 am

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   You will have an almost impossible time getting a patent or a COPYWRITE ON A RECIPE. HERE IS A SITE THAT TELLS ABOUT PATENTING A RECIPE.

   Here is one about copywriting.

2. David H on February 3rd, 2009 6:37 am

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   In the US and I think Canada also, you can not copyright or patent a recipe. But you can copyright a cookbook that you write and the recipe is covered in the copyright under the book. This means if someone uses your recipe they must give you the appropriate credit for it.It also means they can not print the recipe in their publication without your expresses written permission. A patent can be applied to a recipe only if you are using a method not used in other cooking or other methods of assembly used elsewhere. Recipes are ideas with directions and quanities only. If I use your recipe and change the methods of assembly, the way its cooked and one or two quanities. Then the recipe is now my own because of the changes. But, if there are no changes it is still your own recipe and must be noted as such. Look at the previous two websites for more of an explanation. Good Luck!

3. mrzwink on February 4th, 2009 9:37 pm

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   patent is an exemtpion by law to be the ONLY person to be able to use a certain product. in your case, itll be the recepy, but since you cant definitively prove that you made it up. and since its not a ‘new innovation’. youll have a hard time patenting a recipe.

   however, as soon as you have written a recipe, you own the copyright to it. just as you would having written a book. youll need to be able to show WHEN you wrote hte recipe if you ever take anyone to court for reprinting your recipe. anyone can read it, and do what it says though.

4. Yagen P on February 5th, 2009 10:42 pm

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   Broadly speaking, patents are for inventions and copyrights are for creative expressions. However, recipes are not considered inventions. They are also usually too “short” to be considered substantial works of creative expression. This means that they normally can’t be copyrighted.

   Have a look at It explains the difference between copyrights and patents (and trademarks, in case you are thinking of that too)

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