Patent Infringement for Vitamin C E Ferulic Serum Formulation

Asked by: contact On: January 09, 2019 Product Type: Cosmetics

Question

Does formulating a serum containing Vitamin C, Vitamin E, and Ferulic Acid, similar to the "Vitamin C E Ferulic" product, infringe on SkinCeuticals' US7179841B2 patent? If so, how can patent infringement be avoided?

Answer

Based on the information provided, creating a formula similar to the Vitamin C E Ferulic serum does not inherently infringe on SkinCeuticals' US7179841B2 patent. The patent infringement arises specifically from claiming or stating that the combination of Vitamin E and Ferulic Acid is used to stabilize Vitamin C.

Therefore, to avoid infringing the patent, you can use the formula, but you must not make the specific claim that Vitamin E and Ferulic Acid are included for the purpose of stabilizing Vitamin C.