The most obvious question is whether patent of food is possible.
Yes, of course, you can patent your unique recipe. However, there
are certain things which the patentee needs to bear in mind before
applying for a patent for his/her food recipes. The patent
application for the food recipe needs to be drafted carefully. For
a patent application to get granted, the food recipe will need to
satisfy three requirements: Novelty, Non-obviousness, and
Industrial Applicability. Additionally, the food recipe cannot be a
"mere admixture of substances resulting in aggregation of
properties of the components" according to Section 3(e) of The
Patents Act.
The food recipe patent can be drafted to either claim the
process or the composition(ingredients) used to make the food item.
In India process claims have higher acceptance rate. The process to
make the food recipe including steps such as baking, heating,
stirring, grinding and so on, if found novel and inventive, then
there is a
