Brooklyn, NY asked in Patents (Intellectual Property) for New York

Q: Can you receive a patent with one or two supplements in a dissolving oral strip?

2 Lawyer Answers

A: Yes, you can.

But, it is by no means easy. If you just take a known supplement and use a known method to prepare an oral strip containing the supplement, then you will likely not get a patent on it. The reason for this is because you are just combining prior art elements according to known methods to yield predictable results. See MPEP 2143(A).

There must be something inventive about the strip, or the method of preparing it, or whatever it is that you are trying to claim.

Kevin E. Flynn
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  • Patents Lawyer
  • Pittsboro, NC
  • New York
  • New York
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A: Mr. Mylnek is correct. Here is the link to the Manual of Patent Examining Procedure (MPEP)

https://www.uspto.gov/web/offices/pac/mpep/s2143.html

This section sets forth the concepts that can be used to deem a new item to be obvious in light of what was previously known to people of skill in the art.

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