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.First hurdle: Most engineering employment contracts specify that ANYTHING you invent, even at home on your own time, belongs to your employer. United States Patent and Trademark Office. Trademarks, patents, and copyrights are different types of intellectual property. The USPTO grants patents and registers trademarks. The USPTO has awarded many patents for various types of foodrelated technologies. They include novel compositions, processes and products. Some content that appears in print, however, may not be available in electronic format. To apply for a patent, you must file an application and pay required fees.