SECAUCUS, N.J.—Whether a company is hoping to deliver a cosmeceutical topical product, a “beauty from within” ingestible or a combination of raw ingredients, understanding the logistics of intellectual property is important to ensuring the time and energy that goes into the formulation process isn’t hamstrung by legal issues down the road. Louis C. Paul, Esq., gave SupplySide East attendees a look at the lexicon behind patents, the standards of patentability and examples to prove the point.
Patentable formulations must be useful, novel and un-obvious. While companies can look at existing ingredients, consideration must be paid to whether inherent qualities or uses are part of what makes the formulation “novel,” as it may not be enough to pass a patent inspector. One move that helps support the endeavor is using clinical testing, which Paul said can both substantiate marketing claims and assist in overcoming any objections of “obviousness.”
