How do we go about patenting our ingredients and the concept? 9 Answers as of January 30, 2013

I have a bath & body line. I want to know if I'm able to patent our body scrub? Our body scrubs is more than the Traditional scrubs,(sugar and oils). Thank you in advance.

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TechLaw LLP | Ross A. Epstein
Whether or not an invention is patentable depends primarily on two things is it truly novel and unique and is it a non-obvious extension of what has gone before. Also, if the invention is published, which has quite a few definitions but basically means it has been put out into the public domain when offered for sale or actually published as an academic paper, you must file an application in the United States within one year of the publication date and international rights are no longer available. With respect to your body scrub invention, if it is truly novel, is not an obvious extension of what's already in the public domain and has not been published for more than a year, then it might be patentable. The next step would be to consult with patent experts, such as those who reside in our firm, to begin the process of determining whether your invention is patentable, and if so, prepare and file an appropriate patent application.
Answer Applies to: California
Replied: 1/30/2013
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
You question was about "ingredients" and "concept". Ingredients are typically for a recipe or a "method" patent for combining ingredients to make a product. The ingredients are probably well known, but the method of combining them and the end result might be patentable. There are patents on recipes and methods of making a product. To get a patent there must be something "unique" and "not obvious" from the other body scubs that are available. A concept must be sufficiently disclosed to enable someone else to make and use the concept. As an example, the movie Star Trek shows the "concept" of a transporter mechanism that transports people from one place to another. This concept can't (yet) be patented because there is not sufficient disclosure to make and use the concept.
Answer Applies to: California
Replied: 1/30/2013
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Depending on what has been patented and what is for sale and how much of an improvement over the existing body scrubs you may be able to secure a patent. The subject matter is of course patentable. If you need help with the patent please feel free to contact my office.
Answer Applies to: Oregon
Replied: 1/30/2013
Ochoa and Associates
Ochoa and Associates | Susan Ochoa Spiering
First begin w/ a search and confirm there are no other patented formulations that cover your scrub. If none exist, and you believe the new formulation is patentable, work with a patent attorney for drafting and filing a provisional or non-provisional application. If you wish to do this yourself, there is an inventor helpline at the USPTO where you (the inventor) can call and ask for assistance.
Answer Applies to: Texas
Replied: 1/30/2013
Banner & Witcoff, Ltd. | Ernie Linek
Make an appointment with a registered patent attorney or agent. Search patents and published patent applications for your ingredients - use the Patent Office website (www.uspto.gov) or Google (www.google.com/patents). After the search, if the body scrub combination of ingredients is (a) new, (b) useful, and (c) not obvious, then you file a patent application to seek to obtain a patent. The process sometimes takes 3-4 years, but during that time your invention is "patent pending" which can be good for marketing.
Answer Applies to: Massachusetts
Replied: 1/30/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    You need to retain patent counsel to conduct a patent clearance opinion to ascertain whether your body scrub product would be deemed novel and non-obvious when compared to the prior art. Then you need such patent counsel, if appropriate, to prepare a patent application. You should not market or sell your product publicly before filing a patent application. This is an expensive undertaking-a proper patent clearance analysis requires many hours of legal research and technical analysis. Please do not be fooled by anyone offering to prepare a patent application for a few hundred dollars (or even a few thousand dollars). That is not realistic-you need a budget for patent clearance and patent application preparation and prosecution that is substantial. Also, you need to file patent applications in every country where you intend to sell your product. Be prepared to spend a minimum of $10,000 just to start the process. By the way, even if you do not file for a patent application, you absolutely must obtain a patent clearance analysis-you would be taking a tremendous personal and business financial risk if you began selling your product without having obtained a written legal opinion from competent legal counsel concerning whether your body scrub products might violate IP rights held by others, or might be deemed obvious when compared to other such products in the prior art. You may think you have the best new product in the world, but that may not be so-and only experienced IP counsel can perform the analysis you need.
    Answer Applies to: New York
    Replied: 1/30/2013
    Webb IP Law Group
    Webb IP Law Group | Jason P Webb
    You want to have an attorney perform a basic patent screening search (sometimes called a novelty search) to see if you have a chance at getting a patent.
    Answer Applies to: Utah
    Replied: 1/30/2013
    Tran & Associates | Bao Tran
    You should get patent application as soon as you can to prevent others from copying you. This is important as we move into the First to File era.
    Answer Applies to: California
    Replied: 1/30/2013
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