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
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?
- It must contain a formulation or mixture of ingredients. A single ingredient cannot be patented.
- It must be new or novel. You’ll have to prove that your formula does not already exist under a qualified patent.
- It cannot be obvious from the point of view of an ordinary customer. For example, if you’re combining water, a cleansing agent, and a basic moisturizing agent in a shampoo formulation, it’s not likely to get a patent as this combination would be easy to discern by an average person.
- It must be useful. You’ll have to show that your item has a clear benefit or use in order to be awarded a patent.
- Raleigh, North Carolina
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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?
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:
- The natural product was used to create something entirely different
- The inventor significantly alters the structure of the ingredient
- The natural product is combined with other ingredients in novel way
- The natural product is being used in a way that was not previously known or understood
- It is formulated into a controlled or timed-release substance
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.
