Patent and Formulation Questions for C E Ferulic and Silisolve

Asked by: sntophit5 On: June 19, 2014 Product Type: Cosmetics

Question

Based on the provided patent document for the Vitamin C E Ferulic formula (similar to Skinceuticals C E Ferulic), I have two main questions:

  1. Regarding the patent: The conversation suggests the patent might only cover the combination of Vitamin C, Vitamin E, and Ferulic Acid. If I modify the formula by adding or removing other ingredients, or changing the concentration of these three key components, would this potentially avoid patent infringement? I understand this is a legal question, but I'm seeking general guidance on how formula modifications relate to patent claims, specifically for C E Ferulic.
  2. Regarding a separate formulation issue: I am using Silisolve in a formulation. Is it normal for the mixture to appear turbid when mixed with water?

Answer

Regarding your questions about replicating the Skinceutical C E Ferulic formula and potential infringement:

  1. Modifying the formula to avoid infringement: I cannot provide legal advice on patent or copyright law. Patent law is very specific to the claims made in the patent document. The conversation suggests the patent might focus on the core combination of Vitamin C, Vitamin E, and Ferulic Acid. Whether adding or removing other ingredients, or changing concentrations, might affect whether it falls under the patent claims, but this is not something I can determine.
  2. Adding/Removing ingredients or changing concentration: As mentioned above, this is a legal question that depends on the patent claims. You would need to review the patent document and consult with a legal expert specializing in patent law to get a definitive answer. Copying a patented formula directly is risky, especially when the patent holder has a presence in your region.

Regarding your question about Silisolve:

  1. Turbidity with Silisolve: Yes, it is normal for a formulation containing Silisolve to appear turbid when mixed with water. This was confirmed by the staff member in the conversation.

Please remember that this information is based on the provided conversation and general knowledge; it is not legal advice.