Can they be patented though? I was having this thought the other day and didn’t really check. I guess not, but it’s kind of ironic as a patent is basically a recipe.
Not typically. The mere combination of known ingredients does not result in a new and non-obvious invention that can be patented. A patent typically covers a unique or non-obvious process. There are exceptions, say, if there is a process that results in a foodstuff having a longer shelf life, or a novel way of reproducing a flavor (but not the recipe of the flavoring, per se). Cooking something with heat is not a unique or non-obvious process.
You could copyright the exact wording but that wouldn't protect the recipe itself and simply substituting a measurement unit may be enough to get around that. You could make it a trade secret but since the onus is on the owner to protect it and keep it confidential, that probably doesn't include publishing it or even sharing it with your AI assistant. Might involve courtside arguments about "reasonable expectations of privacy" .. I wouldn't want to test it.
It's not like there's specific wording saying that recipes cannot be patented, but if you can describe it in the traditional ingredients + preparation steps then it does not meet patentable criteria.
