Attention Food Entrepreneurs and Restauranteurs:
Protecting Your Culinary Creations: Can You Patent a Food Product or Its Shape?

By George Likourezos, Esq.

Partner, Intellectual Property Attorney at Carter, DeLuca & Farrell LLP

Running a successful food establishment requires more than just delicious recipes—it demands innovation, branding, and competitive edge. But what happens when your unique dish or product becomes a hit? Can you stop others from copying it?

The answer: Yes—if you protect it. Whether it’s a new food formulation, a distinctive product shape, or a signature presentation, there are intellectual property tools that can help you secure exclusive rights.

Here’s what every food entrepreneur should know:

1. Patenting a Food Product: Locking in Your Innovation

If your restaurant or food company has developed a new and non-obvious food product, you may be able to obtain a utility patent. A utility patent protects the functional aspects of your invention.

What Can Be Patented?

• A unique recipe with specific chemical or nutritional properties
• A novel food composition (e.g., shelf-stable, sugar-free, high-protein)
• A proprietary process for preparing, packaging, or preserving food

Example: A vegan cheese that melts and stretches like dairy-based mozzarella, using a new formulation.

Why It Matters: With a utility patent, you can stop competitors from making or selling your innovation for up to 20 years.

2. Patenting the Shape of a Food Product: Make It Iconic

You can also apply for a design patent if the shape, configuration, or presentation of your food is new and ornamental.

Think:
• A unique cookie or pasta shape
• A molded chocolate bar or artistic dessert presentation

Important: The shape must be non-functional—in other words, it can’t just be shaped that way because it “has to be.”

Example: The unique spiral shape of a snack chip or the sculpted form of a chocolate truffle.

3. Trade Dress: Build Brand Recognition Through Appearance

If your food product’s look, shape, or packaging has become associated with your brand in the eyes of customers, you may qualify for trade dress protection under trademark law.

To qualify:
• The design must be distinctive (think of the iconic Coca-Cola bottle)
• It must not be functional
• It must signal the source of the product (i.e., customers associate the look with your business)

Example: The triangle shape of Toblerone chocolate, or the signature swirls of a Cinnabon roll.

Why It Matters: Trade dress can last indefinitely, as long as it continues to identify your brand and is actively used in commerce.

Protecting Your Edge: What Food Establishments Should Do

• Document your innovations: Keep detailed records of new recipes, presentations, and processes.
• Avoid public disclosure before filing: Once a product becomes widely known or sold without protection, you may lose the ability to patent it.
• Work with an IP attorney: An experienced advisor can help you determine whether your product is eligible for a patent, design patent, or trade dress registration.

Beyond Food Products: Protecting Menus, Names & Proprietary Methods

Your restaurant’s intellectual property isn’t limited to the food itself. Menu names, signature dish titles, unique plating terminology, and even proprietary kitchen techniques may be protected through trademark, copyright, or trade secret law. For instance, a signature dish name can be trademarked, and confidential preparation techniques can be safeguarded as trade secrets with employee NDAs and proper internal controls. Food innovation is more than flavor—it’s business strategy.

Real-World Success Stories & Competitive Advantages

Many successful brands have leveraged IP to dominate their market: think Dippin’ Dots’ cryogenic freezing process, the criss-cut design of waffles fries, or the unique stuffed crust pizza patents that helped propel major chains to national success. Small culinary businesses can do the same by identifying what makes them special and protecting it early. IP isn’t just defensive—it can open doors to licensing, franchising, and investor confidence, building long-term value beyond the kitchen.

Final Thoughts

In the culinary world, creativity is currency. Don’t let your signature products become someone else’s success story. With the right intellectual property strategy, you can protect your innovations and shape a powerful, profitable brand that customers (and competitors) won’t forget.

If you’re interested in exploring how your restaurant or food company can protect its recipes, product shapes, or packaging, feel free to reach out for a complimentary IP strategy session made available through Spotlight Family Office Group, please contact us at Info@SpotlightFamilyOffice.com.