Patent Class 426 allows for the patenting of foods and recipes. The language of this rule covers foods and edible materials.The key to securing a utility patent for food and foodrelated innovations is that your proposed process, method, or recipe must be novel and nonobvious. A person may register a trademark or service with the Division if the mark is used in the Commonwealth. The answer is yes, they can. But like anything else that comes out of our heads, it also depends. No, it is generally not possible for someone to patent the process of making bread. The main reasons are: 1. The Pro Se Assistance Program is dedicated to help independent inventors and small businesses meet their goal of protecting valuable intellectual property. You must have a license from the Food Protection Program to transport bakery products into the Massachusetts for the purpose of sale.