Question
Diane has had her own cake business for over seven years. She has one particular cake she calls Almond Delight. She has been tinkering with
Diane has had her own cake business for over seven years. She has one particular cake she calls "Almond Delight." She has been tinkering with the recipe, and has figured out exact measurements for each ingredient. There are a couple of ingredients no one would expect to find in a cake recipe - she adds a dash of habanero pepper and a 1/2 cup of Bombay Sapphire gin. She has also discovered a process of infusing the cake with almond extract at a certain time during the baking process to keep it moist and add flavor. Every time she serves this cake people tell her it is the most amazing thing they have ever tasted. A large Michigan grocery chain has approached Diane about distributing her Almond Delight cake. She is thrilled. One of her workers tells her she should patent the cake recipe first. She comes to you, her attorney, for advice on how to protect her recipe. What advice would you give her? Should she patent the recipe or protect it as a trade secret? What are the pro's and con's of each decision?
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