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.Unfortunately, most recipes are not going to be patentable, but if you do have a uniqueness or you have solved a problem (i.e. § 2.44 Requirements for a complete collective mark application. § 2.45 Requirements for a complete certification mark application; restriction on certification. Yes food recipes can be patentable but we need to have that unexpected result. Can You Patent a Recipe? The short answer is yes – but it must be unique! Trademarks, patents, and copyrights are different types of intellectual property. The USPTO grants patents and registers trademarks.