Great argument.....tell it to the folks at Cocoa Cola.
No patent, even if there was a patent it would have expired over 100 years ago.
investorshub.advfn.com 
Mr. Rivera originally applied for a patent, however, that would require revealing the secret Catalyst, a route he chose not to pursue. Therefore, The Rivera Process is currently protected as a "Trade Secret".
Before you open your mouth and embarrass yourself further, the Trade Secret route has worked fairly well for Coca Cola, and I believe Kentucky Fried Chicken (KFC) (Not positive about KFC).
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