My family member was recently granted a patent for a unique candy recipe that he developed. He still owns the patent, but is allowing me to commercialize his product for him. If i begin commercializing/marketing/branding his product with my own name for the product, will his patent still prevent others from stealing the recipe and producing themselves?

I suppose i'm trying to understand if there's some loophole in patent law, which negates his patent protection once someone like myself is allowed to re-name it. Does the name of his recipe even matter for maintaining patent protection? I'm guessing that it's the recipe that's protected, and not the name that's used to describe the recipe.

2 Answers 2


First, let me remind you of the great saying: "Nothing personal, it's business" - in this respect I suggest take a proper license or assignment from the patent owner.

Second, and more importantly, it is the responsibility of the patent owner to catch the thieves and place them before the authorities - if you have no legal standing vis-a-vis the said patent you can not approach the authorities by yourself. Remember your money and business will be at stake. What I mean to say is 'his' patent will be protected but your business may not be.


To answer your question directly -- no, the name of your candy product does not matter. You will still be protected by his patent. What matters is the claim. And as @Matthew Haugen pointed out, it is your job to find the copycats.

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