What are latest developments in food industry?

How do I know when to give up my food business or the food industry altogether?

• I've been in the industry for a few years, and have created some products that are genuinely unique and have a customer base.  (They are desserts that are very low calorie and low fat, entirely natural (re: your grandmother could identify all of the ingredients) and taste better than most full-fat, high calorie products.)  However, they are based on a bunch of IP I created (sweeteners, equipment and processes), and going through the patent process is very long and extremely expensive.  I can't farm out my manufacturing because of all of the trade secrets (and most manufacturers are just not good enough - I'm extremely efficient and everything is based on science).  I haven't taken a salary ever. I have retail chains interested, but can't produce for them because it's just too much for just me.  I also hate the distribution method through retailers, but that's beside the point.  Starting my own location takes capital I don't have.  And getting real capital takes traction I can't get because I just can't make any volume. The IP is so unique that it won't be a quick trip through the USPTO, so it's not like I can just pop up on Shark Tank with a completed ribbon patent next season and ask for cash for licensing - it will take another 18 months, at least.  Or more. But lately I've been going to restaurants and cafes, and eating the desserts that people think is so great and rate so highly - they're full of fat and sugar, and generally taste of the heavy shortening used to prolong shelf-life, the chemical saltiness of preservatives, the bitterness of dyes.  I see the huge portions and think that people are just satisfied with bland taste, flat sugar flavor and greasy mouthfeel - and think why am I trying so hard to make things so much better?  I'm killing myself to make food that can be commercially manufactured (or small-batched) with huge, full-palate flavor and a health profile that people really should have demanded decades ago - but does it really matter in the end? People still smoke.  Kids are getting more obese.  And people are happy with bland sugar rush products in their food and drink.  Maybe my change will just be viewed as an incremental change, and everyone is really just happier the way they are. I'm sorry if this is more of an existential crisis than anyone wanted to read.  But I'm just not sure any more - the diet industry maybe $350 billion, but maybe regardless of taste or price, people just don't want to change. Should I just take my ball and go home?  At least my family will be eating healthy food, desserts and drinks... Thank you.

• Answer:

  I am not a patent attorney, but this is what I have seen them do in the past. Get a provisional patent. This gives you a certain amount of time to be 'retroactive' on infringers during the provisional as long as you follow through and get the patent. Second, regardless of the patent start looking for production partners. As part of the process get a lawyer to draft an NDA (non disclosure agreement) with specific penalyies--say $250k?--if they do disclose. Third, when you disclose the method and materials, every partner gets a unique version. Unique ingredient list order, slightly different process names, etc. You basically want to 'watermark' the content so if it is leaked you will know who did it. Fourth, set up Google alerts for unique process names or phrases.  Again, so you know if a leak occurred. Lastly, take a deep breath. A patent is worth 1% of execution on an idea. And don't claim you can't go into the food business without one--tell that to chipotle, McMenamins, LaBrea, ACME, Sweetlife and many others.  Good luck, and I'll gladly beta test!