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 in print is going to be what’s called prior art meaning an examiner would be able to cite that against you and saying no these ingredients have been used before for years I’m sorry this is not new and of course that would include any you know variability in terms of the volume or how much and what percentage of it um is in there and so that would go toward the second prong which is obviousness so if you you have to show that the ingredients the actual sauce itself is not an obvious version of some other sauce that’s come before