How do I patent an herbal formula? 4 Answers as of November 06, 2017

I made a product that include herbs and spices that will help in curing Acidosis, Gastritis, constipation, and others. I want to patent and sell in the market.

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Banner & Witcoff, Ltd. | Ernie Linek
Dear Inventor, To be patentable - your mixture of herbs and spices must be (1) new, (2) useful, and (3) not-obvious in view of other such products. First, new - never before made. You should search for other mixtures on the internet - Chinese Medicines are often mixtures like this. Other traditional medicines may be relevant too. Second, useful - it sounds like the mixture is useful. Third, not-obvious - this is the hard one. If others have come close to your mixture, you might be an obvious variation from the earlier work. A patent search (www.uspto.gov) might help you see what is before you. Finally, if you have already sold this or otherwise disclosed it to the public - you only have one year in which to file your patent application.
Answer Applies to: Massachusetts
Replied: 11/6/2017
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
In order to get a patent there must be something novel and unique. There must be some "non-obvious" ingredient to get a patent. You should also know that while the use of marijuana my be legal in your state, it is still illegal under federal law and therefore the US patent office may reject an application because it includes an illegal substance. You may want to consider a copyright for your formula.
Answer Applies to: California
Replied: 11/6/2017
Sebby Law Office
Sebby Law Office | Jayne Sebby
You apply to the U.S. Patent and Trademark Office for a patent on your formula. You will need to provide the formula for your product and check to see if anything similar to your idea has already been patented. Since you are claiming various health benefits from your product, you may also need to get it approved by various government agencies. Many people choose to work with a registered Patent Attorney or Agent. Obtaining a patent can be very expensive and many applications are rejected by the USPTO. I recommend consulting with a patent attorney before you submit an application.
Answer Applies to: Nebraska
Replied: 11/6/2017
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
As an initial matter, an "herbal formula" is patentable subject matter because it is a composition of matter and it has use (utility) as you have indicated. Though your invention is patentable subject matter, it may not be patentable if it is anticipated or obvious in view of what others have already done prior to your invention (the "prior art"). So, a good starting place would be to commission a novelty (or patentability) search to see if your invention has not already become public domain or rendered obvious. Novelty searches are never 100% accurate, but it will give you some confidence as to whether or not your invention is patentable in view of representative prior art. If the search is favorable, you should engage a patent attorney to prepare, file and prosecute your patent application in the United States Patent and Trademark Office and/or internationally.
Answer Applies to: Utah
Replied: 11/6/2017
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