Can I patent a formula of essential oils and carrier oil? 2 Answers as of July 13, 2017

I want to produce a cleansing product and I would like to know if I can patent the formula which involves several essential oils and a carrier oil.

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Banner & Witcoff, Ltd. | Ernie Linek
Maybe - to be patentable your invention must pass three tests: (1) Is the invention new? The combination can NEVER have been made before. Do a patent search first. (2) Is the invention obvious? If one essential oil was previously combined with a carrier oil - it may be obvious to combine two or more. Is the effect additive or something surprising? Surprises are often NOT obvious. (3) Is the invention useful ? A cleaning product likely passes this test.
Answer Applies to: Massachusetts
Replied: 7/13/2017
Sebby Law Office
Sebby Law Office | Jayne Sebby
Can you? Possibly yes. Should you? Possibly not. First, filing a patent can be extremely expensive, especially if you have to hire someone to help you. Figure $5000 on the lower end and up to hundreds of thousands of dollars on the high end. So unless you are pretty sure you'll have a very large market for your product, it's not going to be cost effective. Also, if the USPTO (patent office) denies your application, you're out all that money. They don't give refunds. Second, the recipe itself must not have been patented before. It must be non-obvious, meaning it can?t be just a minor moderation of another patented recipe being used in the same way. And some types of products/recipes aren't patentable at all. Third, you don't mention how you intend to use this formula. If it's for use on human skin, you may need to get approval from one or more federal agencies that it's safe to use. Or you may need to include certain notifications on the packaging. the criteria to get a patent issued is stringent. If you haven't already, check out the U.S. Patent and Trademark?s website. There's a lot of good information there that can help you learn more about patent criteria. Once you have a good understanding of patent law and the process to obtain one, contact a patent attorney to get an opinion as to whether you should proceed or not. I also recommend talking to someone who has received a patent. Finally, don't waste your money on those. Many are just scams. Only registered patent attorneys, registered agents, and the inventor him or herself can file a patent application.
Answer Applies to: Nebraska
Replied: 7/10/2017
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