What can I do to protect the ingredients in my hair growth oil?

Question

I created my own hair growth oil formula that is a combination for 5 oils. I know I need to at least list two of them since they have allergen potentials however, I'd like to protect the last 3. I do not know if I have to list all the ingredient's on the labels or if there is something I can do to protect this formula. The oils individually are sold for skin and hair health, but from what I have researched, I have not found one oil with all of these oils combined. There are no other additives. Could this be patented or would this fall under a trade secret? Any guidance including cost estimates and type of lawyers needed would be most welcome.

James L. Arrasmith · Answer

When it comes to protecting your hair growth oil formula, you have a few options. Here's some guidance on each: 
 
1. Ingredient Labeling: 
In most countries, including the USA, cosmetic products must list all ingredients on the label. This is to ensure consumer safety and transparency. If any of your ingredients are known allergens, you may need to highlight them separately. However, you might have some flexibility in how you name certain ingredients to maintain some level of secrecy. 
 
2. Patent Protection: 
Patents protect inventions that are novel, non-obvious, and useful. For a cosmetic formula, you would likely pursue a utility patent. However, patenting a cosmetic formula can be challenging. You would need to prove that your specific combination of oils provides a unique benefit that is not obvious based on prior art. If your formula is truly unique and meets these criteria, a patent could provide 20 years of protection. Expect to spend several thousand dollars on patent application fees and attorney costs. 
 
3. Trade Secret Protection: 
If your formula doesn't qualify for a patent, trade secret protection is another option. This involves keeping your formula confidential and taking measures to maintain its secrecy, such as having employees and suppliers sign non-disclosure agreements (NDAs). Trade secret protection lasts as long as the secret is maintained, but it doesn't prevent others from independently developing the same formula. 
 
In terms of lawyers, you would need to consult with an intellectual property (IP) attorney, preferably one with experience in cosmetics and personal care products. They can advise you on the best strategy for your specific situation. Initial consultations may cost a few hundred dollars, with ongoing fees depending on the complexity of your case and the type of protection you pursue. 
 
Remember, while protecting your formula is important, the success of your product will also depend heavily on your branding, marketing, and the actual efficacy of your hair growth oil. Focus on creating a high-quality product and building a strong brand around it.

Q: What can I do to protect the ingredients in my hair growth oil?