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Food for Thought: What’s Patentable?

2025

Food for Thought: What’s Patentable?

Food & CPG Litigation

In the food and beverage industry, both utility and design patents can be vital to intellectual property protection. They allow companies to mark their products as patented or use the label “Patent Pending,” warning potential competitors and increasing credibility with consumers.

Utility Patents 

Utility patents protect innovative products, processes, and equipment, gaining exclusive rights and a competitive advantage. A few examples include:

  • New food formulations, such as plant-based meat substitutes
  • Beverage formulas, like enhanced nutritional drinks
  • Manufacturing methods, like those used for new potato chip styles
  • Specialized equipment, like AI-enhanced smart ovens

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DHarbaugh@perkinscoie.com

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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.

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