Q: Can I patent a formula for a hair product I’m creating for a celebrity?
I currently create a hair product for a celebrity that I created and cook in my kitchen. I package it and send it and she applies her label to it. Can I patent the formula just in case she wants to buy it, how do I know how to price the formula? She has ingredients, not the specific formula (measurements of each ingredient)
A: Yes, you could get a patent on a formulation of a hair product. As a matter of fact, I have written several of them for clients.
But I have to warn you: it is not easy. It is not easy to get a patent on a new mixture of known ingredients, as you seem to be doing. Firstly, it is likely that someone has already made a similar mixture in the past, so your composition may not be new. Secondly, even if it is new, it is likely obvious.
To get a patent, your patent attorney will likely need good laboratory data on the efficacy of the product, compared to similar formulations.
A: It sounds like what you have is a trade secret which reveals the proportions of the ingredients. You may want to look into having a nondisclosure agreement in place so that you can license her the know-how to create the product. For example, supposedly the original recipe for Coca Cola has been kept a secret for almost 100 years.
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