Cosmetic Patent Attorney - Protect Your Idea

A revolutionary cosmetic product can make you millions if you protect your formula with a cosmetic patent. Speak to our team today to discuss your options. 

Work with a Cosmetic Patent Attorney to Protect Your Formula

Ready to introduce your new skincare or cosmetic product to the world? Make sure it’s protected by a patent! Contact us today for a free consultation.

Do you have an idea for the next big thing in cosmetics?

The personal care industry is estimated at over $134 billion per year in the U.S. alone. However, this market is also extremely competitive, and protecting your invention is vital. The next step is to speak with an attorney to determine if you should begin the patent application process.

Even big industry players battle over who owns what and whether someone infringed on a patent. For example, Urban Decay and Victoria’s Secret recently went head to head in a dispute. If it can happen to these guys, it can happen to anyone.

Having a specialized patent attorney on your side from day one can make all the difference in the world. The Patent Professor® is a board-certified law firm passionate about helping you get ahead.

 

FAQs about Cosmetic Patents

We get a lot of questions about patenting cosmetics, mainly because there’s confusion about which ingredients can be patented, and whether you can patent natural or herbal formulas.

We’ll start by addressing the most common questions we discuss on our client consultations. For more details or clarification, please contact our office.

What Type of Patent Can I Get for Cosmetics or Skin Care?

Cosmetic patents tend to fall under the umbrella of a utility patent for their formulation and composition. To qualify for this patent, your creation has to meet the following criteria:

You could also file for a design patent if you’ve created a novel form of packaging that you’d like to protect. An innovative way of packaging lipstick, for example, could potentially qualify for a design patent.

Can Ingredients be Patented?

Though an ingredient itself cannot be patented (unless you somehow invented it), the use of it in a product or formula can be patented. Again, the presence of the ingredient cannot be obvious. For example, adding coconut oil to facial moisturizer is a common and obvious practice, so it’s unlikely that it could be patented.

Can You Patent a Natural Product?

Natural products used to be eligible for patent protection, but as of 2016, that is no longer the case. The ruling stemmed from a breast cancer gene sequence, and the United States Patent and Trademark Office ultimately decided that natural products can’t be patented.

Before the USPTO issued this ruling, natural products could be patented if they were altered in a production process (i.e., isolated, purified, or synthesized). However, this is no longer the case.

Exceptions to the Natural Product Clause

Despite the somewhat discouraging news about natural products’ eligibility, there are cases where you can still get a patent.

Examples include:

Why You Need a Skilled Cosmetic Patent Attorney

As you can see, the cosmetic industry landscape changes rapidly. By working with a lawyer that specializes in patents and intellectual property, you’ll receive the best advice and get a fast answer about whether pursuing a patent application is the right choice for you.

Contact John Rizvi, P.A., aka The Patent Professor® today for a free consultation. Give us a call at (877) 728-7763.

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