Does Sacher Hotel have the only rights to make Sacher-Torte ?!
Can I make Sacher tortes and sell them?
http://en.wikipedia.org/wiki/Sachertorte
Answers:
Recipes cannot be patented. This is why a lot of places guard their recipes so carefully. I have been working in bakeries for over 35 years and each bakery I have worked in has made Sacher tortes and most have written, "Sacher" across the top of the cake.
After reading the article which you posted a link to, I would say, you could not advertise your Sacher torte as, "The Original Sacher Torte". I am quite sure the exact recipe for the original is not the one most bakeries use.
It is not patented as far as I can see. I believe it is considered the same as Eggs Benedict or Oysters Rock. You should definitely look into it in depth before you actually try to sell it. I have had it in a few places and I have never been to Vienna.
Culinary Student