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Taylor, Attorney
Category: Business Law
Satisfied Customers: 254
Experience:  Attorney
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Can I patent a natural product that I developed to relieve

Customer Question

Can I patent a natural product that I developed to relieve skin irritations and do I need FDA approval to sell it. Although I cannot give you all the specifics here suffice it to say that the product is a type of brewed tea.
Submitted: 1 year ago.
Category: Business Law
Expert:  Taylor replied 1 year ago.

Hi, my name is ***** ***** i would be happy to help you with your question!

Expert:  Taylor replied 1 year ago.

is your product found in nature by itself? or is it a combination of things you put together in order to create a new product? also, is the product a tea you drink or a product you place on the skin?

Customer: replied 1 year ago.
The tea leaves are found in nature but how would the patent office look at the process of brewing the tea, adding a herb, and placing into spray bottles for use as a topical solution on the skin?It is a product that you place on the skin
Expert:  Taylor replied 1 year ago.

thank you for the additional information, i am sorry for my delayed response! If you give me a moment, i will be back with an answer for you and then answer any further questions you may have!

Expert:  Taylor replied 1 year ago.

the USPTO would definitely look at the process and adding more than one ingredient. In order to get a patent your invention must be

Expert:  Taylor replied 1 year ago.

this is something you could definitely get a patent for.

Per the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act, or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

Expert:  Taylor replied 1 year ago.

so long as this is new and novel and not something that someone already has a patent for. does that make sense?

Expert:  Taylor replied 1 year ago.

if i have adequately answered your questions i would greatly appreciate a positive rating! if you have any further questions let me know!