You'll have to prove that the mark is either in use or going to be used, which typically means you're selling something under the name. If the recipe can be found in the prior art identically you cannot obtain a patent.The word "identically" is chosen deliberately. Generally, a patent will only be granted to pseudo-scientific recipes. Food recipes are not considered intellectual property. Can You Patent a Recipe? The short answer is yes – but it must be unique! Here's how to get a U.S. patent on your idea or invention without a lawyer. Follow these steps to do a patent search and file a patent application yourself. § 2.44 Requirements for a complete collective mark application.