Using Website Ingredients for Commercial Formulas: Patent Concerns

Asked by: diow_tuatoo On: October 29, 2014 Product Type: Cosmetics

Question

I want to use ingredients purchased from MySkinRecipes Expert to create cosmetic products for commercial sale. Specifically, I am interested in replicating existing formulations, such as the well-known Vitamin C E Ferulic formula. What are the patent implications of copying such formulas using ingredients from the website?

Answer

Based on the information provided:

  • The ingredients sold on the website generally do not have patent restrictions that prevent their use in cosmetic formulations for commercial sale.
  • Patents typically apply to:
    • The manufacturing process of the ingredient (which is done by the original manufacturer, not by those using the ingredient).
    • Specific cosmetic formulations.
  • If a specific formulation is patented (like the example of Vitamin C E Ferulic mentioned), you cannot copy that exact formulation for commercial sale without infringing the patent.
  • However, you can use the ingredients to create your own unique formulations or modify existing patented formulations sufficiently to avoid infringement.

In summary, you are free to use the ingredients from the website in your own product formulations for sale. The restriction applies only if you are directly copying a specific, patented formula.