25 Restaurant Copycat Recipes That Are More Delicious Than the Originals (2024)

FAQs

How much do you have to change a recipe to claim it as your own? ›

The general rule [...] is that three major [emphasis added] changes are required to make a recipe "yours." However, even if you make such changes, it is a professional courtesy to acknowledge the source of or inspiration for the recipe.

A recipe can usually be considered “original” if you have changed three or more major ingredients, or three or more steps in the recipe process, and have written everything in your own words.

If a recipe includes copyrighted material, such as a photo or description, then those elements may be protected under copyright law. Similarly, if a recipe is part of a larger work, such as a cookbook, then the entire work may be protected under copyright law. Trademark law may also offer some protection for recipes.

A complimentary mention of the original source (in the blog post and/or in the recipe card) is a good starting point, but a link back to that source is even better.

Whether or not you own exclusive intellectual property on the recipe depends on whether you qualify for one of the four legal areas of intellectual property protection: copyright, trademark, patent, or trade secret. While some limited protections may apply, food recipes are actually rather difficult to protect.

How do you know if your recipes are protected as trade secrets? Ultimately, it is a complex issue that a judge or jury will decide if you ever sue someone for stealing the recipes (“misappropriation of trade secrets” in legal speak).

Food is delicious because of three main things: flavor, salt, and heat. If you know what to look for regarding these three components, you'll have a decent idea if a new recipe is worth a go.

Even if the description of the recipe is sufficiently creative and copyrightable, the copyright will not cover the recipe's ingredient list, the underlying process for making the dish, or the resulting dish itself, which are all facts. It will only protect the expression of those facts.

The earliest known written recipes date to 1730 BC and were recorded on cuneiform tablets found in Mesopotamia. Other early written recipes date from approximately 1600 BC and come from an Akkadian tablet from southern Babylonia. There are also works in ancient Egyptian hieroglyphs depicting the preparation of food.

A recipe developer creates new and innovative recipes for restaurants, cookbooks, food blogs, and food companies. These individuals use their creativity, knowledge of ingredients and flavor profiles, and understanding of cooking techniques to develop recipes that are delicious, visually appealing, and easy to follow.

How do I know if a recipe is patented? ›

One way is to use a database of patents provided by the U.S. Patent Office. Alternatively, you can use a third party resource that offers specialized search options. For example, you can search by classification or invention subject matter.

But the truth is that chefs and cooks use recipes all the time, especially when making something new. They just don't use them the way most home cooks do, by starting at the top and simply following instructions until the dish is finished.

No matter where you get the recipes, review each one, rewrite all the copy, test them to see that they work, adjust the language to account for regional differences (i.e. I hate it when a recipe calls for, eg, a stick of butter... I have never seen butter sold in sticks.)

Instead, an author wishing to use another person's cookbook recipes in their cookbook has four options: securing written permission from the original author, adapting the recipe, creating a similar recipe using the recipe as inspiration, and completely reworking the dish into a new recipe.

Here in the food writing world, many of us follow an informal standard that you need to make at least three changes before you can claim credit for a recipe. Those changes need to be more substantial than changing 1/2 teaspoon salt to 1/4 teaspoon, although the changes don't have to just be in the ingredients.

You just need to make a few changes that are of your own imagination. Love a recipe enough to expand on it? I recommend looking at tweaking one of these areas before you can call it your own. Pro tip: Always make sure you write the recipe directions in your own words along with your other changes.

The short answer is yes – but it must be unique! Several conditions must be met for an invention to be patentable. Importantly, the recipe must be novel, involve an inventive step, and produce a useful result. It should also be non-obvious to someone with skill in the art.