How can I get a patent on an herbal formula? 1 Answers as of September 12, 2016

I created a tincture from herbs I grow and then later created a cream from that tincture. My invention is called Ultra-Heal and a dermatologist has been testing it with great success since 2010. The doctor wants to be able to prescribe it. I asked the FDA and they said they did not need to test it because the dermatologist is already testing it. It heals and eases the pain of shingles and cold sores, and heals and takes the feeling of burning out of a burn to the skin.

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Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
To get a patent on a formula there must be something unique that is a not an obvious variation or combination. You must also file for the patent within one-year of the public making use or sale. You indicate that this formula has been tested since 2010. Depending upon the testing the deadline to file for the patent may have expired.
Answer Applies to: California
Replied: 9/12/2016
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