To understand this as a GENERAL broad base for an inventor, NOT a professional such as a patent attorney or agent, think of a potato chip. You cannot patent a new flavor or recipe of chip or combine dip and a chip and call it a new invention even if you packaged it that way unless you file a METHODS patent which is a patent of how to make something and this would probably only be awarded if it was for the manufacturing process specifically.

Methods patents have become much harder to defend after a recent Supreme Court decision involving State Bank. Many dislike methods patents altogether and someone just to prove the ridiculousness of the surge of methods patents recently actually was able to patent a way to make a peanut and jelly sandwich just to prove this point.

You CAN file a patent for a new shape of a potato chip for a specific purpose. If it has a UTILITY (use) like a scoop made on purpose like Pringles, that may qualify for a utility patent. The ridges on one brand (can’t remember) made that way so they don’t break in the bag may possibly get a utility patent and if not may get a design patent.

Patents in the food field is tough and you must really have something special, unique for sure. A friend of mine is patenting a cereal that actually changes during the process of when it is made, very cool and worth a utility patent and should get it but I think this is a rare case with new food ideas, especially after chefs come up with new ideas daily for food. You need a new idea that really stands seperate.

Ron Komorowski
Inventor of Handi-Straps
www.handi-straps.com