This article examines how the patent system applies to inventions related to food including drinks, plants, food processing, and even the appearance of food. Trademarks are much easier to get than patents.You can fill out the paperwork online without an attorney if you wish. Fill out a utility patent application. You will use a Patent Class 426 application, which is for food or edible material which is intended to be consumed. In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable because they won't be unique enough. Let me walk you through an overview of the patent application process so you can begin to get your ducks in a row. Fill out a declaration form. This guide will walk you through creating a successful patent application. The timing and sufficiency of an assignment document can become critical for protecting the rights of the assignee.