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By J.D. Houvener
Patent Attorney and Founder

We have a new barbecue sauce, and you want to get a patent for it. It’s going to be difficult, right? First and foremost, you have to be able to meet the novelty requirement. This has to be a first-of-its-kind barbecue sauce. So, if you’re going for the actual composition of matter, meaning you’re trying to be the first barbecue sauce with these ingredients, I could say that’s going to be challenging just because all of the recipe books, anything ever been published up until this point now in history, online or in print, is going to be what’s called prior art. Meaning, an examiner would be able to cite that against you and say, “No, these ingredients have been used before for years. I’m sorry, this is not new.” And, of course, that would include any variability in terms of the volume or how much and what percentage of it is in there. And so, that would go toward the second prong, which is obviousness. So, if you have to show that the ingredients, the actual sauce itself, is not an obvious version of some other sauce that’s come before.

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. at https://boldip.com/contact/