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Patent on Supplements - new ingredients

Patent on Supplements - new ingredients
« on: October 05, 2018, 02:44:25 PM »
Dear all,

We are going to launch our supplement brand soon. As we have used unique ingredients for some products we would like to protect our formulations. Additionally, for one product we have changed the formulation and the "material" from capsule to tablet, which is also unique.

Can I patent these methods to prevent others using the ingredient at all for the supplement and the "material" to be used for products? I don't want to publish the entire formulation.

Thanks and kind regards,
Frank
« Last Edit: October 06, 2018, 08:32:39 AM by Brad »

Brad

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Re: Supplement - new ingredients
« Reply #1 on: October 06, 2018, 08:32:19 AM »
In general most people don't patent supplements for two reasons:
(1) You must under the law disclose your formulation and the best way you know how to make the formulation.  This gets published on the internet for everyone to read.

(2) Its very difficult to get these types of patents allowed.   Unless you are creating a brand new compound, you are likely combining already known ingredients which the patent office will say is "obvious" and therefore unpatentable.   Sure some people may be able to get these patents through but most often they are rejected.

From what I have seen most keep their formulations as "trade secrets" and spend the money on protecting your brand/image with things like trademarks, good marketing, etc.

(one sneaky thing you could try would be to file a "provisional" patent application which is kept secret until when/if you decide to file for a full non-provisional.  This would at least let you market this new product as "Patent Pending" and may scare off some small time competitors initially)


*Not legal advice, just my observations over the past 18+ years.

My free patent template: https://patentfile.org/free-provisional-patent-template/

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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.