Patent Help. Alcholic Beverage

[DannyOcean11]

What is the name of your state? M aryland

Curious to know some information on an idea I have. I have a recipe for a drink that I have made (alcoholic) and I know it would sell well on the market...bars..etc. I searched 3 hours one 10+ webtender type web pages and never came across anything thats like this. Basically it would be able to be sold in individual cans...or even in a 5th or Gallon.

Im basically looking for advice any where on the net about laws and regulations about alcoholic beverages and such. I looked all over the place and have had no luck. Curious if anyone out there has seen or knows of anything.

Thanks very much

 

[divgradcurl]

What is the name of your state? M aryland

Curious to know some information on an idea I have. I have a recipe for a drink that I have made (alcoholic) and I know it would sell well on the market...bars..etc. I searched 3 hours one 10+ webtender type web pages and never came across anything thats like this. Basically it would be able to be sold in individual cans...or even in a 5th or Gallon.

Im basically looking for advice any where on the net about laws and regulations about alcoholic beverages and such. I looked all over the place and have had no luck. Curious if anyone out there has seen or knows of anything.

Thanks very much

Well, it's generally not possible to patent a recipe. Although recipes are generally patentable subject matter, as a practical matter, it's hard to get by "obviousness." Usually, combinations of existing ingredients will require that the combination have some "unexpected" outcome -- like the ability to cure cancer or something -- in order to be patentable.

That said, probably what you'll want to do is see about producing and distributing the drink yourself, thereby keeping the ingredients a "trade secret" and developing your "brand," so that once someone inevitably reverse-engineers your drink, people will still buy yours because of the association with the brand name.

The sale of foods and beverages, especially alcoholic beverages, have some specific regulations associated with them, so you might want to discuss your plans with an attorney, who can help you negotiate the regulatory issues and help you set up a business to control the manufacture and distribution of your drink.

 

[DannyOcean11]

Ok great. Thanks for posting.

Just one more thing. What happens when you use ... lets say V8 Tomato Juice... and Absolute Vodka.....basically two branded products to make 1 unique brand of product...is that possible? Or would those companies have to "merge" or agree on something in order to make it.

I think what Im thinking of is very unique....there is NOTHING out there like it...and I really would just like to sell the idea instead of doing the whole business thing.

Again thanks for you help w/ this

 

[divgradcurl]

Ok great. Thanks for posting.

Just one more thing. What happens when you use ... lets say V8 Tomato Juice... and Absolute Vodka.....basically two branded products to make 1 unique brand of product...is that possible? Or would those companies have to "merge" or agree on something in order to make it.

I think what Im thinking of is very unique....there is NOTHING out there like it...and I really would just like to sell the idea instead of doing the whole business thing.

Again thanks for you help w/ this

Generally there is no problem with using branded products in a recipe or blend -- there may limitations on the usage of the trademarks in advertising (i.e., you may not be able to say "DannyOcean's special sauce, made with Absolut" without permission from Absolut).

 

[EvilWizard]

He is making Flamin' Moes. The secret ingredient is cough syrup.

 

[Jarvizu]

Liquor recipe patent

I live in California. I am a bartender of 7 years but have been making a very distinctive drink since i was 19 years old, I am 28 now, there are specific liquors involved all by one company. The idea was always to market the idea/patent to a liquor company. My question is how does a popular drink become popular, someone had to invent it, or are these drinks just donated to the drink hall of fame. I have a specific recipe, so i don't know if it's an "idea", that can be patented and sold to one specific liquor company, or if the combined mixture is an "invention" Or either or nothing.

 

[justalayman]

Jarvizu

You will want to start your own thread.