Can I patent a formula of ingredients? 4 Answers as of June 10, 2013

Can I patent the list of ingredients in a herbal pill? I am not looking for FDA approval or making any claims, but if the combination of herbs do what I believe it can do is that able to be patented?

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
To be patentable, an invention must be useful, patentable subject matter, new and non-obvious. To qualify as patentable subject matter, an invention must be a *new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof*. Your pill may qualify as a composition of matter, but you the pill must be useful, new and non-obvious.
Answer Applies to: Kansas
Replied: 6/15/2011
Eclipse Group, LLP
Eclipse Group, LLP | Travis Burch
It is possible. It depends on what prior art exists, and whether your formula is novel and not obvious and not anticipated by any of the prior art.
Answer Applies to: California
Replied: 5/26/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Yes.
Answer Applies to: Oregon
Replied: 6/10/2013
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
A composition of ingredients, or components, is patentable if it is novel (new), non-obvious (or similar though not identical compositions), and has utility (usefulness). The invention must also be described in a manner sufficient for persons of ordinary skill to make and use the invention, and must be described in terms sufficient to show that the inventor had possession of the claimed invention. If your invention, and the written patent application and claim, accomplish these, it should be patentable.
Answer Applies to: Ohio
Replied: 5/20/2011
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