Joshua Julien Brouard
16 October 2024 • 2 min read
Kentucky Fried Chicken (KFC) doesn't patent its original recipe because doing so would require public disclosure of the specific ingredients and process in the patent filings, making it accessible to anyone.
A patent would only grant them a limited monopoly (typically 20 years) over the KFC secret recipe, after which competitors could legally replicate it.
Furthermore, even before the patent's expiration, others could tweak the formula slightly to create something nearly identical without infringing on KFC's rights.
To avoid these pitfalls, KFC chose to treat its recipe as a trade secret, which allows indefinite protection as long as the secret is kept.
Colonel Harland Sanders developed the original recipe in 1940, which consists of 11 herbs and spices. KFC goes to extreme lengths to maintain its confidentiality.
The recipe is handwritten and locked in a safe at KFC's Louisville headquarters, and very few employees have access to the complete formula.
The company even splits the manufacturing of the spice blend between two separate companies—Griffith Laboratories and McCormick & Company—so neither has the complete recipe.
Griffith prepares half of the blend, which is then sent to McCormick to add the other half.
This compartmentalization prevents any single entity from knowing the entire recipe, making it nearly impossible to reverse-engineer or replicate.
Moreover, KFC's secrecy has become a part of its brand identity, adding an aura of mystique to the product.
For instance, KFC once temporarily relocated the original recipe under high security to upgrade the vault, an event that garnered media attention and reinforced the narrative of the recipe's value.
This approach not only preserves the recipe but also serves as an effective marketing strategy.
While trade secrets can protect valuable business information like formulas and processes, they have a critical weakness: if disclosed, they lose all protection.
In industries where product development is rapid or there is frequent employee turnover, trade secrets are especially vulnerable.
This makes relying on them risky, as they offer no legal recourse if the information is leaked or independently discovered.
For businesses navigating competitive or fast-changing markets, patents might be a better option.
Unlike trade secrets, patents provide a legally enforceable period of exclusivity, even if others discover your innovation independently.
This protection can be key for maintaining a competitive advantage and preventing others from replicating your hard-earned work.
Understanding when a trade secret alone is not enough and making the switch to a patent strategy can be essential for long-term success.
In today’s competitive landscape, protecting your brand’s unique assets—whether it’s a secret recipe like KFC’s or a distinctive product design—is crucial for long-term success.
Choosing the right form of protection, such as a trade secret, trademark, or patent, can be the difference between maintaining your competitive advantage or losing it to imitation.
Trademarkia can help you safeguard what makes your business unique by offering expert assistance in registering trademarks, filing patents, and managing copyrights, ensuring that your valuable intellectual property remains yours.
Don’t leave your brand’s legacy to chance—protect it with Trademarkia.
No, KFC's recipe isn't patented. Instead, it's kept as a trade secret to prevent public disclosure, as patents would require making the recipe available in official filings.
KFC doesn't have a copyright on its original recipe. However, it may hold copyrights on other intellectual properties, such as:
Only a very small number of KFC employees, typically two or three, know the original recipe at any given time to maintain its confidentiality. The company has strict security measures to safeguard this trade secret.
AUTHOR
Joshua J. Brouard has a diverse background. He has studied bachelor of commerce with a major in law, completed SEO and digital marketing certifications, and has years of experience in content marketing. Skilled in a wide range of topics, he's a versatile and knowledgeable writer.
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