Patenting A Cosmetic Formulation?

[Dynawd]

Hi Penny,

I have developed a body lotion at home that has provided great relief for treating my eczema.  I contains no drugs, just 4 natural ingredients, with the potential addition of essential oils for fragrance.  My question is, in preparing a patent application for this product, do I provide exact ratios of the ingredients, various ratios of the ingredients, or is the ingredient list alone enough to protect the patent from infringement?  A second question: is it even worth bothering with a patent, or should I simply try approaching a manufacturer?  I don't want to get ripped off!

Thanks,

Mary

[Leone]

Hi Mary, Regarding your questions, take a read of the following quote from para 6 of the below article: "...It’s important to note that naturally occurring plants and animals cannot be patented, nor can actual genes in the human body. “You cannot get a patent on any organism found in nature,” says Daniel Kevles, professor of history at Yale University...

"http://www.vision.org/visionmedia/article.aspx?id=1154

Since the combination of natural ingredients(plants?) allegedly brings about a medical cure or reduction in a skin disease for all I know it may be patentable? Since I'm not an attorney I must defer you to the U.S. Patent Office(800-PTO-9199) suggesting you navigate to the "Inventor's Assistance Center" where you'll get lots of free "LIVE" advice from a professional Examiner(Examiners decide who will/will not be awarded patents).

As to if it's worth trying to get a patent or go direct to a manufacturer:  let's assume it might be patentable, my questions would be -

Do you want the world to know the formula or would you prefer to keep it a trade secret eventually hiring a Contract manufacturer to produce it under some form of a formula Trade Secret/Non Disclosure Agreement or as a partner?

Then there's the issue, can you afford to fight to keep any patent that might issue to you were it infringed? You can only get "ripped off" if you allow it. Regards,

Penny Ballou