Patent Class 426 allows for the patenting of foods and recipes. The language of this rule covers foods and edible materials.Short answers: "no" to patents, "maybe" to trademarks. There are two types of patents that might be applicable to a pastry business. This page provides information on the types of patents and types of patent applications, and the examination process. The form takes minutes to fill out. Use your EIN instead of your Social Security number to identify your business (for privacy reasons if nothing else). An edible bread cup and an apparatus and method for making edible bread cups is disclosed. A design patent can offer protection for the visual components of a culinary creation. This could include the food item itself or the packaging it comes in.