Can you get a Sweet Reward from Patenting Your Recipes? - The National Law Review

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Can you get a Sweet Reward from Patenting Your Recipes? - The National Law Review


Can you get a Sweet Reward from Patenting Your Recipes? - The National Law Review

Posted: 12 Mar 2021 02:30 PM PST

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According to the U.S. patenting courts, "new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention merely because … no one else ever did the particular thing upon which the applicant asserts his right to a patent." In re Levin, 178 F.2d 945, 948 (C.C.P.A. 1949); see also "Can Recipes Be Patented?," Supervisory Patent Examiner Larry Tarazano, USPTO Inventorseye, June 2013 (last visited March 11, 2021).

Patenting Recipes

Instead, the courts wish to see "a coaction or cooperative relationship between the selected ingredients which produces a new, unexpected, and useful function [in the recipe]."

However, recent cases before the Patent Trial and Appeal Board ("PTAB") and its predecessor, the Board of Patent Appeals and Interferences ("BPAI"), indicate that applicants for recipe inventions can be patentable despite In re Levin's pronouncement above. For example:

  • Ex Parte Weiser, App. No. 2020-001045, Tech Center 1700 (P.T.A.B. Nov. 24, 2020) (finding Levin inapplicable because claim reciting edible shells containing ingredients was "directed to a specific structure" that included ingredients)

  • Ex Parte Vemulapalli, App. No. 2017-001815, Tech Center 1700 (P.T.A.B. October 25, 2018) (reversing obviousness rejection for failing to provide evidence to take melt and flow food filling from one reference and suggest the use of it to reject claims reciting a "bake stable soft and creamy food filing")

  • Ex Parte Thomas, App. No. 2011-000047, Tech Center 1700 (B.P.A.I. Nov. 9, 2011) (reversing obviousness rejection to claims reciting method of "applying orange juice or another juice containing citric acid to unblanched potatoes prior to pan frying and freezing")

Recipe for Disaster or Sweet Reward?

What the case law shows is that recipe inventions will largely depend on the uniqueness of the combination and whether skilled food practitioners would find that the difference between the new recipe and the old recipe is the result of known substitution (e.g., one leavening agent for another), routine optimization (e.g., adding a certain amount of ingredient to achieve the optimal pH), or solving a known problem using known techniques (e.g., using a prior art confectionery cooking technique to achieve the desired result and applying that technique in confectionary prior art).

Where rejections are based on one or more of these processes, an applicant may prove their ingredients are not obvious by demonstrating unexpected functions and synergies from the recited combination. A skilled patent practitioner can help applicants present that evidence using experiments, food laboratory analyses, and consumer testimonials. Be sure to consult with your patent attorney on which strategy will work best for attempting to patent your particular recipe in view of the prior art cited in your case.

Keep in mind that the above risks in seeking patent protection should also be weighed against the potential loss of trade secret protection for the recipe, since patents are published, and once published cannot be retracted. So, a successful attempt at patent protection of a recipe can be bittersweet, since it can foreclose trade secret protection of that recipe. Trade secret strategies for food recipes will be explored in a forthcoming post.

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©2020 Norris McLaughlin P.A., All Rights ReservedNational Law Review, Volume XI, Number 71

Our Best Pasta Recipes of All-Time - Bon Appetit

Posted: 12 Mar 2021 12:00 PM PST

Making it into this list of our best pasta recipes is actually a humongous deal. I started trying to count how many pastas we've developed over the years, and let's just say I got to 407 before calling it quits. Which means whittling down to 45 recipes was a painstaking process. Here you'll find the buttery, red wine spaghetti that's cooked in two(!) bottles of the good juice. Aglio e olio with kale, a.k.a. an absurd amount of wilted greens drenched in olive oil, tossed with noodles, and dusted with cheese. And the anchovy-laced, breadcrumb-topped bucatini that one anonymous reviewer summarizes as: "Easy, cheap, quick, and delicious!" Which, when it comes to the best pasta recipes, hits just the criteria we're looking for. 

Recipes for easy working-from-home lunches - The Guardian

Posted: 12 Mar 2021 11:09 PM PST

Green hummus with pumpkin seeds, flatbread and vegetables

Prep 10 min
Cook 5 min
Serves 2

3 tbsp pumpkin seeds
6 tbsp extra-virgin olive oil, plus extra to serve
Salt and black pepper
220g drained chickpeas
chickpeas from a jar tend to be creamier, but tinned will do
1 garlic clove, peeled
¾ tsp ground cumin
¾ tsp ground coriander
¼ tsp ground cinnamon
1 big pinch sweet smoked paprika (optional)
1 small handful each fresh mint, flat-leaf parsley and coriander leaves, or use any herb you have to hand
1 tbsp fresh lemon juice
1 tbsp tahini
Flatbread, to serve
Vegetables of your choice, cut into sticks, to serve

Put the pumpkin seeds in a small frying pan, toss with a teaspoon of olive oil and season with salt, then toast on a medium heat for a couple of minutes, just until they're a shade darker and crisp, and taking care they don't catch and burn. Remove and leave to cool.

Meanwhile, put the rest of the olive oil, most of the chickpeas (keep a few aside to garnish), garlic, spices, herbs, lemon juice, tahini and two tablespoons of boiling water into a food processor with a quarter-teaspoon of salt and blitz until almost smooth, but still with a little texture.

Taste and, if necessary, adjust the seasoning with a little more lemon juice and salt; if you want a looser consistency, add a little more water or olive oil.

Dollop the hummus on to plates, top with the reserved chickpeas, roasted pumpkin seeds and some freshly ground black pepper, and drizzle with olive oil. Toast the flatbread and serve with the vegetables alongside the green hummus.

Savoury pancakes with hot smoked salmon, broccoli, creme fraiche and gherkins

Prep 5 min
Cook 15 min
Serves 2

65g plain white flour
15g wholemeal flour (or more plain white flour)
1 tsp baking powder
Salt and black pepper
125ml milk
, dairy or non-dairy
2 tsp apple cider vinegar, or white-wine vinegar
150g Tenderstem broccoli
Extra-virgin olive oil, for frying and to finish
160g hot smoked salmon, at room temperature
Creme fraiche, to serve
1 gherkin, sliced, to serve
A few flat-leaf parsley leaves, to serve

In a bowl, combine the flours, baking powder and a large pinch of salt. Stir in the milk and vinegar until smooth, then set aside.

Blanch the broccoli in generously salted boiling water for three minutes, until a vibrant shade of green. Drain, drizzle over a teaspoon of olive oil and put to one side.

Heat a tablespoon of olive oil in a large, nonstick frying pan set over a medium heat. Once hot, pour in half the batter – the pancake should be large, about 14-16cm across. Fry the pancake for three to four minutes on one side, until bubbles appear on the surface, then flip over and fry for another two to three minutes, until both sides are golden. Remove and keep covered and warm, and repeat with the remaining batter (or cook the pancakes in two separate pans).

To serve, plate up the pancakes and drizzle generously with extra-virgin olive oil. Top with the broccoli, flaked smoked salmon, a few dollops of creme fraiche, the sliced gherkin and a scattering of parsley leaves, season with a little salt and pepper, and serve immediately.

Red lentil dal with avocado, fried egg, yoghurt and herbs

Prep 5 min
Cook 30 min
Serves 2

1½ tbsp coconut or sunflower oil
3 garlic cloves, peeled and thinly sliced
1½ tsp black and/or white mustard seeds
1½ tsp cumin seeds
15 fresh curry leaves
3 cardamom pods, bashed open (optional)
2cm piece fresh ginger, peeled and very finely chopped
1 small red onion, peeled and thinly sliced
1 tsp palm sugar, or brown sugar
Salt and black pepper
120g split red lentils
, washed
6 cherry tomatoes, halved
1 x 400ml tin coconut milk
1 avocado, peeled, stoned and thinly sliced
Coriander or dill leaves, to serve
1 tsp dried chilli flakes
Greek or non-dairy yoghurt, to serve
2 eggs, fried, to finish (optional)

Put the oil in a medium saucepan set over a medium–high heat. Once very hot, add the sliced garlic, mustard and cumin seeds, curry leaves, cardamom (if using), ginger, onion, sugar and a teaspoon of salt – the mustard seeds should begin to pop immediately – and fry for three to five minutes, until fragrant and the onions are beginning to soften. Take care not to let the spices burn.

Add the lentils, tomatoes, coconut milk and 100ml boiling water, bring to a boil, then turn down the heat to low and simmer gently, stirring frequently, for 22-25 minutes, until the lentils are creamy. Season to taste and, if need be, add a little more boiling water to loosen the dal to a consistency you like.

Serve in bowls topped with the avocado, herbs, dried chilli and a dollop of yoghurt; a fried egg is a delicious addition, too.

Jordan Bourke's latest book, Healthy Baking: Nourishing Breads, Wholesome Cakes, Ancient Grains and Bubbling Ferments (Orion, £18.99), is out now. To order a copy for £16.52, go to guardianbookshop.com

Introducing 'Week of Meals': Our new series aimed at bringing you easy recipes for busy weeknights - Los Angeles Times

Posted: 12 Mar 2021 10:30 AM PST

People are getting tired of cooking. I understand that feeling intimately, especially as someone whose job it is to cook and come up with new recipes to inspire you, the reader. Whether for work or pleasure, I'm never not chopping or boiling something. The endless meal planning, organizing and, worst of all, dishwashing really takes a toll. All this to say, I get you.

One year into cooking more meals at home than ever before, the fatigue has set in for even the most cooking-obsessed among us. So to ease the frustration of having to cook for yourself or your household every day, I'm introducing a series called "Week of Meals," which will give you five weeknight dinner recipes with all the planning and strategizing built in.

Each meal will make four servings, come together — start to finish — in less than 60 minutes, and require 10 or fewer ingredients. The groceries for all five meals can be bought from a single grocery store and in a single shopping trip (remember, we're looking to alleviate your frustration) and will cost less than $100 total.

Of course, there are some caveats: Spices, condiments and other basic pantry staples I expect you to have will be priced by the amount used in the recipes and, whenever possible, I will give substitutions for them in the recipe's headnote. But also know that if I call for certain spices, they will be used at least twice throughout the week so you can get used to incorporating them in different ways and with different ingredients.

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Staples like salt and pepper, cooking oil and water will not be included in the shopping list nor will they be counted in the 10 ingredients for each recipe (because, well, if you don't have these things, maybe takeout really is the best option). For oil, however, I will provide the total amount needed for all five recipes so you can check whether you have enough before shopping.

Any ingredients that need to be prepped ahead of time will be listed in the "Sunday Prep" section, so that once it's time to cook, some of the hard work will already be done. And all meat, produce, herbs or other fresh/perishable ingredients will be fully used up by the end of the week so there will be no half-used, sadly wilting herb bundles to toss out on Friday.

We will publish the grocery list in full, along with the specific grocery store where the author has shopped so that, should you choose, you can go to that location or the same chain. Specialty chains and gourmet grocery stores will be off-limits.

Whether you follow the plan in full or simply make one recipe, my hope is that you will enjoy delicious, simple and balanced weeknight meals without any of the mental or physical anguish that goes along with planning and prep. Sometimes I will develop the recipes for a "Week of Meals," but much of the time they will be developed by other cooks and authors in California with the goal to have them — by going to their own neighborhood grocery stores — show you how different cooks get dinner on the table throughout the week.

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Read about Cooking columnist Ben Mims's first Week of Meals:

Here's everything you need to make the first Week of Meals recipes:

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Get the recipes:

Time 50 minutes

Yields Serves 4

Time 40 minutes

Yields Serves 4

Time 30 minutes

Yields Serves 4

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Time 45 minutes

Yields Serves 4

Time 45 minutes

Yields Serves 4

Recipes: How to make corned beef and cabbage and other St. Patrick’s Day favorites - OCRegister

Posted: 12 Mar 2021 10:38 AM PST

St. Patrick's Day is a party day enjoyed by the Irish and Irish wannabes alike. At the core of the celebration is comforting, easy-to-prepare fare. Made-at-home corned beef with cabbage and potatoes is traditional in the U.S. The briny classic's origin is a subject of debate, but whether it originated on the Emerald Isle or in the New World doesn't seem to matter.

This year I've been testing out updated versions of the traditional corned beef trio. My favorite "new take" pairs a traditionally long-simmered corned beef with roasted, crispy-edged cabbage and golden roasted spuds, an upgrade from the traditional boiled veg.

The cooked beef is sliced and arranged slightly overlapping on a platter. The browned cabbage and potatoes are arranged alongside it. Then it is judiciously drizzled with a dill vinaigrette accented with many of the spices that are usually used to brine the corned beef: coriander seeds, mustard seeds, red pepper flakes, cloves, and garlic. Half of the vinaigrette is reserved in a small pitcher to pass at the table. Folks can add additional vinaigrette to suit their preferences.

To accompany the brined brisket, the distinctive taste and texture of homemade Irish Soda Bread is hard to beat. It's crunchy on the flour-dusted exterior, with a nice velvety interior. This warm, rustic bread is found in almost every home and restaurant in Ireland. Unlike a traditional recipe, instead of currants I like to add dried cranberries and golden raisins to the dough, elements that offer a welcome degree of sweetness.

It only takes about 10 to 15 minutes to make the dough and form it into ready-for-the-oven rounds. The dough can be made with wheat or white flour. I like the texture of white all-purpose flour augmented with a little toasted wheat germ.

Serve the bread warm, spread with a little butter, as a breakfast or tea-time treat, or as an accompaniment to the corned beef feast.

For party fare, serve open-faced, appetizer-size sandwiches made with thin slices of soda bread topped with smoked salmon. Garnish with drained capers or a small sprig of fresh dill.

At-home Irish desserts generally aren't fussy. Their homemade beauty often shows off fruit. I love this apple and blackberry galette. A galette is a wee bit on the rustic side, partially enclosing the fruit by overlapping the ragged-edged dough. This free-form pie-like dessert doesn't require a special pan, just a nice flat rimmed baking sheet lined with parchment paper.

Delicious, and that's not blarney.

Irish Soda Bread is easy to make and delicious, especially accompanying a St. Patrick's Day feast. (Photo by Nick Koon)

Irish Soda Bread

Yield: 2 loaves, about 14 servings

INGREDIENTS

4 cups unbleached all-purpose flour, plus additional flour for sprinkling onto dough and baking sheet

1/2 cup toasted wheat germ

2 teaspoons baking soda

1 1/2 teaspoons salt

1/2 cup (1 stick) cold, unsalted butter, cut into small pieces

1 tablespoon caraway seeds

1/2 cup golden raisins

1/4 cup dried cranberries

1 3/4 to 2 cups low-fat cultured buttermilk

PROCEDURE

1. Adjust oven rack to middle position. Preheat oven to 400 degrees. Sprinkle a rimmed baking sheet lightly with flour.

2. In a large bowl, stir flour, wheat germ, baking soda and salt with a whisk. Add butter and toss to coat with flour. With fingertips or a pastry cutter, blend butter into flour until mixture resembles coarse meal. Add caraway seeds, raisins and cranberries; stir to combine.

3. Stir in 1 3/4 cups buttermilk, adding more if necessary, to moisten dough evenly (do not overwork dough).

4. On a floured surface, knead dough with floured hands 1 to 2 minutes, sprinkling with some additional flour to prevent sticking. (I sometimes use my free-standing mixer fitted with the flat blade to do this, mixing about 20 seconds on low speed rather than kneading.) Divide dough in half and on prepared baking sheet pat dough out into two 5-inch rounds. Sprinkle rounds lightly with flour; with a sharp knife, cut a shallow X on top of each round.

5. Bake bread in middle of oven for 35 minutes or until golden brown. To test for doneness, tap on bottom of loaf; it should sound hollow. Place on cooling rack. Enjoy warm or at room temperature.

A different way to prepare the St. Patrick's Day staple of corned beef is to roast, rather than boil, the potatoes and cabbage. (Photo by Cathy Thomas)

Updated Corned Beef with Roasted Potatoes and Roasted Cabbage

Yield: 6 servings (3-pound) to 8 servings (4-pound)

INGREDIENTS

One 3- to 4-pound corned beef brisket

2 pounds unpeeled medium-sized russet potatoes, scrubbed, quartered or 2 pounds unpeeled Baby Dutch Yellow potatoes, halved

1 1/4 cups extra-virgin olive oil, divided use

Kosher salt, freshly ground pepper, divided use

1 large green cabbage, cut into 8 wedges leaving core intact

4 whole cloves

1 teaspoon whole coriander seeds

1 teaspoon whole mustard seeds

1/2 teaspoon dried red pepper flakes

2 garlic cloves, minced

6 tablespoons white wine vinegar

1 tablespoon honey

1 cup finely chopped fresh dill

PROCEDURE

1. Place corned beef in a large pot. Add enough water to cover by 2 inches and bring to a boil. Reduce heat to low, cover, and gently simmer until very tender, 3 to 3 1/2 hours.

2. Meanwhile, once the beef has been simmering for 2 1/2 hours, arrange racks in top and bottom thirds of oven; preheat to 375 degrees. Toss potatoes, 1/4 cup oil, 1 teaspoon salt, and 1 teaspoon ground pepper on a rimmed baking sheet. Place cabbage wedges on separate rimmed baking sheet and rub with 1/4 cup oil; season on all sides with 1 teaspoon salt and 1 teaspoon ground pepper. Roast in preheated oven, turning cabbage, tossing potatoes, and rotating sheets top to bottom halfway through, until golden brown and tender, about 45 minutes. (The cabbage might be done before the potatoes.)

3. Meanwhile, prepare the vinaigrette. Coarsely crush cloves, coriander seeds, mustard seeds, peppercorns, and red pepper flakes with mortar and pestle or place in a zipper-style plastic bag and pound with a mallet or bottom of a saucepan. Transfer to a small saucepan and cook over medium heat, swirling often, until fragrant, about 2 minutes. Add garlic and remaining 3/4 cup oil and cook, stirring frequently, until garlic sizzles, about 1 minute. Transfer to a medium-size heatproof bowl. Stir in vinegar, honey, and 1 teaspoon salt. Let cool, then stir in dill.

4. Transfer beef to a cutting board and let sit 5 minutes. Trim off excess fat, then thinly slice against the grain. Place slices on platter and add roasted cabbage and potatoes on the side. Drizzle with half of the dill vinaigrette. Pass remaining vinaigrette at the table (include a spoon to stir it).

Source: Epicurious.com

Apple and Blackberry Galette is shown served with a dollop of whipped cream. (Photo by Cathy Thomas)

Apple and Blackberry Galette

Yield: 8 servings

INGREDIENTS

Dough:

1 1/2 cups all-purpose flour, plus more for flouring work surface

1 tablespoon granulated sugar

Pinch of salt

10 tablespoons (1 stick plus 2 tablespoons) cold unsalted butter, cut into 10 pieces

1/4 cup ice water, without ice (additional 1 tablespoon may be needed)

Filling:

2 tablespoons cornstarch

1/3 cup granulated sugar, plus 2 tablespoons granulated sugar, divided use

Pinch of salt

2 1/2 to 3 medium-small Granny Smith apples

8 ounces fresh blackberries

2 tablespoons melted butter

1 teaspoon finely grated lemon zest, 1 tablespoon juice

Egg wash: 1 whole egg, beaten with a fork

2 tablespoons jelly, apple, strawberry or currant

Optional for serving: ice cream or whipped cream

Cook's notes: I leave the skin on the apples. It shortens the prep time and because the apples are soft after their time in the oven, the skin doesn't bother me. It's your choice, peel them if you prefer.

PROCEDURE

1. For dough: Combine flour, 1 tablespoon sugar and salt in food processor; pulse 2 times to combine. Add chilled butter and pulse until mixture resembles cornmeal with the butter in small pieces, about 12 times. With motor running, add 1/4 cup ice water through feedtube. Process until mixture comes together when pinched. If necessary, add 1 additional tablespoon ice water and process until dough comes together. Dump out on sheet of parchment paper and bring dough together in a disk. Enclose in parchment and chill 40 minutes.

2.  Line rimmed baking sheet with parchment paper. Dust work surface lightly with flour. Roll out dough to a 14-inch circle (it doesn't need to be perfectly round). Fold dough in half and transfer to baking sheet. Unfold and refrigerate while you make the filling.

3. Adjust oven rack to middle position and preheat to 425 degrees. In large bowl, combine cornstarch, 1/3 cup sugar and pinch of salt. Whisk to combine. Quarter apples top to bottom. Core and cut into thin slices. You will need 4 1/2 cups of slices. Place apples, berries, melted butter, zest and juice in bowl with dry ingredients. Gently toss (I use a silicone spatula). Place in center of dough, leaving a 1 1/2-inch border empty. Level out fruit mixture. Fold dough edges over the fruit – dough will only cover a portion of the mixture and create overlapping pleats. Lightly brush folded dough edges with egg wash.  Sprinkle dough and filling with remaining 1 tablespoon sugar.

4. Bake in preheated oven 15 minutes. Reduce oven temperature to 350 degrees and bake until crust is golden brown and fruit mixture bubbles in middle, 40 to 45 minutes.

5. Place baking sheet with the galette still on top on a cooling rack; let cool 30 minutes. Heat jelly just long enough to melt it, either in microwave or on stove top in a small pan. Brush jelly over warm fruit and on exposed crust. Serve warm or allow it to cool completely. If desired, serve with ice cream or whipped cream.

Have a cooking question? Contact Cathy Thomas at cathythomascooks@gmail.com



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