Can Cosmetics Be Patented?

Can Cosmetics Be Patented
Can You Obtain a Patent for Beauty Products? – Cosmetics or beauty products can be patented; they must fulfil the Indian Trademarks Registry standards. A range of ingredients or raw substances is processed together to form a compound, which we refer to as cosmetic.

To secure a patent, you must prove that your specific formula of combining materials qualifies as a patentable matter. The mixture must be unique, useful and non-obvious. For a brand to patent a beauty product, they have to reveal everything starting from the procedure involved in manufacturing the product to the usage of each ingredient, no matter how negligible it might be, to ensure the safest patent protection possible.

Some companies are reluctant to reveal the secret sauce as they fear this will adversely affect their hard work and all investments in creating a unique product. We Can make the Permanent Patent Filing Online for most of the Products. If you desire to protect your trading assets via patent, you have no option but to reveal the process.

This gets announced publicly once the patent office approves your patent. Patenting is to enjoy a monopoly over your discovered formula. This assures you a sense of relief that no other enterprise can duplicate your product. In other words, a company gaining a patent is entitled by the law to restrict everyone from manufacturing or selling the patent beauty product for a limited time.

In the case of utility patents like that of beauty products, the validity period is set as 20 years, counting from the date an originator files a patent application wishing to secure the beauty product. While patents empower you with the authority to exclude others from selling your patented beauty products, it eventually depends on you how effectively you can enforce the delegated powers.

Are cosmetic products patented?

What Type of Patent Can I Get for Cosmetics or Skin Care? – Cosmetic patents tend to fall under the umbrella of a utility patent for their formulation and composition. To qualify for this patent, your creation has to meet the following criteria:

It must contain a formulation or mixture of ingredients. A single ingredient cannot be patented. It must be new or novel. You’ll have to prove that your formula does not already exist under a qualified patent. It cannot be obvious from the point of view of an ordinary customer. For example, if you’re combining water, a cleansing agent, and a basic moisturizing agent in a shampoo formulation, it’s not likely to get a patent as this combination would be easy to discern by an average person. It must be useful. You’ll have to show that your item has a clear benefit or use in order to be awarded a patent.

Raleigh, North Carolina Sacramento, California Washington DC Omaha, Nebraska

You could also file for a design patent if you’ve created a novel form of packaging that you’d like to protect. An innovative way of packaging lipstick, for example, could potentially qualify for a design patent.

Can makeup formulas be patented?

Step 1: What IP Protection is Available to Me? – The first question is whether you can patent your cosmetic product. You cannot patent a product in its natural state. However, you can patent the use or formula of the natural or organic cosmetic. Typically, patenting involves releasing your secret formula into the public domain and there is an obvious risk that copycats can use this as a base to substitute ingredients and achieve a similar result.

Further, depending on your budget, patenting is not always necessarily an option. Unless you are a large multinational like L’Oreal, who in 1998 was able to patent an extract of the genus Chrysanthemum for the use of improving pigmentation as a tanning agent, you may need to explore other options. If you have created a miracle cream, it may be more beneficial to register a trademark for your name and logo.

The asset you want to protect in this instance is the brand and reputation you have built up over time. Trademark registration will provide you with proprietary rights to use the name or logo of your product to distinguish your cosmetic. A trade mark will offer some protection to your natural and organic cosmetics and enable you to enforce your rights against a competitor using your name, and also creates a valuable IP asset that you can sell, licence or assign.

Can a product concept be patented?

How do I Patent a Product Idea? – You cannot only patent a product idea. You need to be able to be able to explain exactly how your idea would work as an invention and how it is different from everything else that already exists. Once you are ready, getting the patent involves documenting your concept, verifying that it is patentable and commercially worthwhile, doing a patent search to verify no one else got there first, and filing your patent application,

Is Gucci a patent?

How Many Patents did Gucci File Every Year? – Can Cosmetics Be Patented Are you wondering why there is a drop in patent filing for the last two years? It is because a patent application can take up to 18 months to get published. Certainly, it doesn’t suggest a decrease in the patent filing.

Year of Patents Filing or Grant Gucci Applications Filed Gucci Patents Granted
2011 14 34
2012 73 48
2013 28 40
2014 3 21
2015 40 11
2016 55 38
2017 28 51
2018 19 28
2019 7 11
2020 5 2
2021 2 8

Is Louis Vuitton patent?

How many patents does Louis Vuitton have? – Louis Vuitton has a total of 11808 patents globally. These patents belong to 5757 unique patent families. Out of 11808 patents, 8695 patents are active.

How do I protect my idea without a patent?

Using Nondisclosure Agreements – If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an “NDA” or a “confidentiality agreement,” but the terms are similar.

The agreement must be signed before you meet with the potential buyer or licencee and thus before you disclose any secrets. If someone signs a nondisclosure agreement and later uses your secret without authorization, you can sue for damages. The NDA is a contract like any other, and if the company breaches, you can seek a finding of liability and contractual damages.

Nondisclosure agreements vary in format. Typically, they contain these important elements:

a definition of what is and what is not confidential information obligations of the party receiving confidential information, and applicable time periods.

An NDA might also provide for arbitration of any dispute, since arbitration is a confidential process. If you were forced to sue in standard litigation, you might be forced to further reveal your secrets in open court. Defining confidential information.

Every nondisclosure agreement provides a definition of confidential information or trade secrets. Every nondisclosure agreement also specifically excludes some information from protection, meaning that the receiving party has no obligation to protect that information. Information is not protected if it was created or discovered before or independent of any involvement with you.

Generally, not every single topic you discuss in a pitch meeting will be confidential; only the information specific to your invention or method would qualify under the NDA. Obligations of the party receiving the confidential information. The person or company you are sharing confidential information with must, in most situations, hold the information in confidence and limit its use.

Under most state laws, the receiving party cannot breach the confidential relationship, induce others to breach it, or induce others to acquire the confidential information by improper means. The majority of companies accept these obligations without discussion. If you enter into a mutual nondisclosure agreement (where you also agree to keep information confidential), you should also feel comfortable with these requirements.

Applicable time periods. How long must the information be kept confidential? This issue is often a subject of negotiation. Disclosing parties want a long period, while receiving parties likely want a short one. Five years is a common length in the United States, although many companies insist on no more than two or three years.

How long will it be before others stumble upon the same innovation? If the product were licensed in the next year or two, how long would it be before the “secret” would be figured out by competitors?

If the answer to these questions is only a few years, then you are unlikely to be damaged by a shorter (two- to three-year) period. One more warning: If scheduling a meeting with a potential licensee that refuses to sign a nondisclosure agreement, this should raise some red flags.

What does patent not protect?

Can Cosmetics Be Patented Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no effective way to protect an idea with any form of intellectual property protection. Copyrights protect expression and creativity, not innovation.

See also:  How Much Cosmetics Can I Take On A Plane?

Patents protect inventions. Neither copyrights or patents protect ideas. This is not to suggest that ideas are not valuable, but they are not valuable in the same way or sense that pop culture has led many to believe. It is, of course, axiomatic that an idea is an essential first step toward any invention.

Nothing can or will happen without an idea, so in one sense ideas are a critical, and valuable, piece to the overall innovation equation. In and of themselves, however, ideas are not monetarily valuable. Without some identifiable manifestation of the idea there can be no intellectual property protection obtained and no exclusive rights will flow. Can Cosmetics Be Patented While confidentiality agreements, or non-disclosure agreements as they are sometimes called, are absolutely essential for inventors in the early stages to protect their idea, the problem is they are only going to provide protection with respect to those who have accepted the confidentiality obligation.

And if and when the confidentiality obligation is broken you only have a claim for breach of contract (i.e., breach of the confidentiality agreement), but the trade secret that was your invention will no longer be a secret. So, before you would be tempted to believe there is a broad based way to protect an idea without it maturing into an invention that can be patented, or even an invention without a patent, you need to consider spend time to understand the purposes and limitations of confidentiality agreements (see here and here ) and trade secrets (see here, here and here ).

This does not mean that inventors, or those who aspire to become inventors, should give up at the idea stage when the realization is made that there is only an idea present without some identifiable manifestation, but it does mean that more work is necessary in order to flesh out the idea and bring it across the idea innovation boundary,

  1. The goal is to get to the point where the idea it is concrete enough to be more than what the law would call a mere idea,
  2. The moral of the story is that mere ideas cannot be protected, so inventors need to think in terms of an invention.
  3. Inventions can be patented.
  4. Ideas cannot be patented.
  5. So, you do not have an idea, you have an invention, or you will have an invention if you continue on your journey and don’t give up.

You just need to get from the idea that inevitably begins the process to an invention, which is the culmination of the innovation part of the journey. And once the culmination of the innovation journey is realized then it becomes time to file a patent application.

As one contemplates moving from idea to invention to patent and ultimately, hopefully riches, a dose of reality is in order. First, stop thinking you will get rich by selling your idea to industry and sitting back and collecting royalty checks for doing nothing. That may be what late-night TV commercials want you to believe, but it is not reality.

If inventing were as easy as thinking up an idea and riches would follow practically everyone would be a rich inventor! Ideas are a dime a dozen. They are valuable because they are a necessary part of the innovation journey, but it is not the idea in and of itself that creates monetary value, rather the valuable proposition inventors provide those interested in buying or licensing invention rights is found in the solution.

  1. Inventors make money by identifying a problem, formulating an idea about how that problem can be solved, and then creating a solution.
  2. For example, the observation that using a snow shovel to clear snow is a back-breaking endeavor is obvious to anyone who has ever shoveled snow.
  3. The desire or belief that there has to be a better way to remove snow from a residential driveway is likewise not revolutionary, or particularly valuable.

The idea that a mechanized solution would make the process faster, easier and cause fewer muscle injuries is a good one, but without the offer of any kind of solution the mere idea that a mechanized solution would be fantastic doesn’t create any value.

  • But if you were the first person actually able to build a mechanized solution that would throw (or blow) the snow off a driveway you would have an invention that could be patented, and one that could be quite valuable in the hands of the right licensee.
  • Perhaps royalty checks would roll in, but would it be for doing nothing? That mailbox income that might show up every quarter for years is attributed to the work done to create a valuable solution to the problem.

The idea matured into an identifiable manifestation that was valuable in the hands of another. An inventor’s dream, but hardly money for doing nothing, although the inventor’s work is frontloaded in this monetization scenario. Can Cosmetics Be Patented Figure 1 from U.S. Patent No.3,921,315 Essentially, what inventors need to do is identify a problem, formulate the idea and then work toward finding a solution. The above example of a snow blower is an illustration of a common inventive idea becoming a reality by identifying a task that can be made easier with a new device.

  • The snow blower pictured here was patented on November 25, 1975 and is titled Snow Blower Safety Chute,
  • The improvement here is with respect to element 22, the safety chute.
  • The patent explains that despite manufacturer warnings people injure themselves every year because when they attempt to clean out the compacted snow from the discharge chute, they do not stop the engine.

Thus, the inventor’s desire was to prevent injuries because a certain number of people – perhaps many – won’t follow safety directions despite being warned. The idea was to create a chute that could be safely cleared while the engine was still running. Can Cosmetics Be Patented Many people will come up with ideas, you’ve no doubt heard many friends and family talk about their invention ideas. I need a tool that does X, why hasn’t someone thought of Y, this would be better if only it did Z. For most people that is as far as they get, but inventors will go farther, but sometimes will still find themselves getting stuck in the idea phase.

  • If that happens don’t just throw in the towel.
  • Many good many inventors will become stuck in the idea phase from time to time, so if that is where you are you are not alone.
  • First, it may surprise you to learn that you just think you are stuck in the idea phase and you might actually have an invention without even knowing it yet.

United States patent laws do not require you to have a prototype in order to apply for a patent, all that is required is that you be able to describe the invention so that others could make and use it. So, while you do need to have some kind of identifiable manifestation, you can start by proving your concept on paper.

  1. With some guidance to coax out your idea you might actually have more than you think.
  2. For example, with the help of someone familiar with CAD and can help you create detailed 2D drawings and 3D renderings of what you are thinking about, you might soon realize you have an invention and not a mere idea.

For example, Enhance Product Development works with inventors to help them turn their inventions into reality, but they also work with those who are on the path toward becoming inventors and who need help at the ideation or concept stage. Many people will have great ideas, but what separates those who can turn their ideas into money from those who cannot is a strategy to define the idea with enough specificity so that it can become an asset that can ultimately be protected.

  • To profit from your idea you must package it so that it is something the law will recognize as protectable.
  • If you are having difficulty moving out of the idea phase and into the invention phase take a look at Moving From Idea to Patent and About the Invention Process,
  • These articles will provide some insights and help you formulate a plan for reaching the invention stage, which is where you want to be in order to commercialize and monetize your ideas.

The Invent + Patent System™ can also help. The Invent + Patent System™ is an innovative approach to the patent process that assists inventors in drafting their own provisional patent application, The Invent + Patent System™ has also been effectively used to coax inventors into formulating their ideas in a more tangible way so that the concepts move from a pure idea into something descriptive enough to be legally viewed as an invention.

  1. I also encourage all inventors and would-be inventors to read One Simple Idea: Turn Your Dreams into a Licensing Goldmine, which is an excellent book written by Stephen Key of Invent Right,
  2. Although the title may sound like it contradicts some I’ve written above, Key is also the author of Sell Your Ideas With or Without a Patent, which is another a must read.
See also:  Is Perbelle Cosmetics Legit?

Key preaches filing provisional patent applications to create perceived ownership (a term I’ve adopted from him). I’ve long been a fan of provisional patent applications, which have only become more important now that the U.S. has become a first inventor to file system.

Provisional Applications: The Good, the Bad and the Ugly Provisional Patents: What are they and why do you need them? The Benefits of a Provisional Patent Application

For more information on patent application drafting please see: Happy inventing! Image Source: Deposit Photos, Warning & Disclaimer: The pages, articles and comments on do not constitute legal advice, nor do they create any attorney-client relationship.

Can I patent my face?

Many wonder, “Can I trademark my face?” Unfortunately, the immediate answer is no. Copyright is only valid for man-made creative ventures.3 min read Many wonder, “Can I trademark my face?” Unfortunately, the immediate answer is no. Copyright is only valid for man-made creative ventures.

Can you patent a bra?

Real-Life Patent Infringement Cases: – A bra can be covered by a design patent or a utility patent. A design patent is concerned by how an invention looks and feels, whereas a utility patent, on the other hand, will protect any unique functions that the invention may have. Can Cosmetics Be Patented Utility patent courtesy of Patent Search by Patentcloud Can Cosmetics Be Patented Design patent courtesy of Design Search by Patentcloud

Can you patent a shampoo?

The Subject Matter Of Your Styling Products Must Be Patented. – A shampoo conditioner must contain the subject at hand to secure a patent, meaning the item has to be something whereby the patent system issues intellectual property rights. You might be able to invent a new hairstyle dryer or a new brand of shampoo if they have an eligible subject.

  1. If the hair straightening provides a new capability that has never been recognised, it may be eligible for a utility model.
  2. A new haircut may also be eligible for copyright because of new and different ingredient combinations.
  3. However, it would help if you still meet the conditions.
  4. As a result, a recipe for a conditioner or hair product, for example, must be brand new.

Of course, this will not imply that each element must be brand new; rather, the mix of substances must be novel. If you have a novel component, this may help demonstrate that your recipe is genuinely new. You’ll also need to demonstrate that the equipment is novel, such as a straightening or a new brush style.

What is a poor man’s patent?

What Is a Poor Man’s Patent? – A poor man’s patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

Can I invent something that is already patented?

A patent must be novel. You cannot ever patent an invention that is identical to a patented one.

Can I sell a product that already patented?

Can you sell someone else’s patented product? – You cannot manufacture and sell someone else’s patented product. If you do, you would be liable for patent infringement. However, you can sell someone else’s patented product if you received a license from the patent owner or were able to avoid infringement of their patented. To check which patents cover the patented product, you can

conduct an assignee search ; and/or look for patent markings on the patented product.

An assignee search looks for the patent owner in the patent office database to see which patents the patent owner owns. Go to FPO and click “Expert Search.” Search for the patent owner by using the operator AN/xxxx where xxxx is the name of the business that sells the product. Learn how to conduct an assignee search: How to determine if a product is patented? Another way to find the relevant patents of the patent owner is to purchase the product and look for pattern markings. Under US patent laws, if the patent number isn’t found on the product, then the patent owner can’t collect damages until they give you actual notice of your infringement.

  • In order to maximize damages, most patent owners mark their products with the patent number.
  • To find the patent marking on the product, read my article Patent Marking: Everything you wanted to know,
  • Once you find the relevant patents, you can read through the patents and determine the scope of patent protection afforded under the relevant patents.

If your competitive product is outside of the scope of patent protection for those patents, then you can certainly sell your competitive product. To find out more about how to determine the scope of patent protection afforded under a patent, read: Avoiding Patent Infringement,

  1. You could sell someone else’s patented product by securing a license to do so.
  2. A license is a promise by the patent owner not to sue you should you make, use, sell, offer for sale, or import the patented product into the United States.
  3. Normally, you would have to pay a royalty to the patent owner for such a license.

Nevertheless, with the license, you will be able to sell the patented product without patent infringement liability against such a person.

Does Elon Musk not patent?

Elon Musk Claims Patents Are for the Weak, His Portfolio Suggests Otherwise If patents are “for the weak” as Elon Musk claims, then why is he patenting his inventions? In this article, we’ll take an in-depth look at Musk’s IP strategy and patent portfolios. As a serial entrepreneur, risk-taker, and social media personality, Musk is no stranger to making headlines for his business ventures and polarizing online persona. In 2014, he took a stance against patents, claiming not to care about them. More recently, on a SpaceX facility tour with CNBC and Jay Leno, Musk said ” really patent things” and “patents are for the weak.” But are these statements just hot takes or is Musk expressing how he truly feels? In this article, we’ll take an in-depth look at Elon Musk’s patent portfolios — in particular, Tesla and SpaceX — and let you be the judge.

Is Coca Cola patented?

Is the Coca-Cola formula kept secret because the company has something to hide? | Frequently Asked Questions Yes, but in a good way. The formula for making Coca-Cola is a trade secret. We have protected the special taste of Coca-Cola for more than 130 years.

  • Only The Coca-Cola Company knows how to make Coca-Cola.
  • That way, when you buy one of our drinks, you can be sure you’re getting the same delicious and refreshing experience time and time again! Did you know? The most closely guarded and best-kept secret in the food and drinks industry, the Coca-Cola formula is a complex blend of natural flavours.

Although it has been frequently imitated, it has never been replicated.

Is the Coca Cola bottle patented?

2. Coca-Cola’s bottle design success – Using patent analytics from the LexisNexis PatentAdvisor® patent prosecution platform we can take a closer look at Coca-Cola’s entire patent portfolio and the patent applications they have filed over the years. Coca-Cola has initiated patent prosecution on over 550 utility patents covering a wide range of innovations ranging from liquid dispensing technologies to data processing, however, it is important to also note the emphasis Coca-Cola has placed on protecting the aesthetics of their products; the beverage company has been granted patent rights in over 175 designs since its establishment in the late-1800s.

  1. PatentAdvisor™ patent prosecution analytics tools allow us to see that patent examiners have historically agreed that Coca-Cola’s designs are novel and worthy of protection.
  2. Coca-Cola has managed to successfully prosecute every design patent they have filed with ease.
  3. On average, each design patent application they filed has been granted in just over a year-and-a-half of its filing date, and, in total, Coca-Cola has only needed to overcome forty Office Actions for their designs.

To compare, Coca-Cola has had less success prosecuting its utility patent applications, which are granted only 58.2 percent of the time and after an average of three years and ten months in patent prosecution. So, which of Coca-Cola’s bottle design patent applications required the most work? Coca-Cola’s patent application number 29/436,363, simply titled “Bottle,” was granted after overcoming three Office Actions over the course of four-and-a-half years. This patent was granted on September 5, 2017.

With LexisNexis PatentAdvisor, patent practitioners can evaluate their patent prosecution success and analyze the patent statistics for nearly any USPTO patent application. PatentAdvisor patent data and patent analysis software enables better patent prosecution performance and the implementation of more successful patent prosecution strategies.

Read how patent prosecution analytics are no longer just a nice to have and watch the on-demand webinar. Watch this on-demand webinar to learn about the future of patent prosecution—the role of patent analytics and the evolution of the patent prosecutor.

See also:  Where Can I Buy Nyx Cosmetics In Australia?

Is LV logo patented?

Divide and Conquer: How Louis Vuitton’s Brand Protection Strategy Might Increase the Opportunities for Brand Owners to Combat Infringement Wed, 01/16/2019 – 12:00 | On November 7, 2018 Louis Vuitton Malletier, S.A. filed a complaint in the Southern District of New York against i-Fe Apparel, Inc., Yongun Jung, and a number of presently unknown entities and individuals (“Defendants”). Louis Vuitton alleges trademark counterfeiting, trademark infringement, false designation of origin, and trademark dilution.

  1. Louis Vuitton asserts that the defendants are willfully and intentionally infringing on several of their marks within Class 25, by selling products made of inferior materials and having poor construction, at prices well below those of authentic Louis Vuitton products.
  2. In the complaint, Louis Vuitton also claims to have invested “millions of dollars and decades of time and effort” so that consumers will recognize Louis Vuitton marks throughout the world and associate the marks with high quality, luxury goods.

Examples of Louis Vuitton’s apparel depicting its registered marks, and Defendants’ allegedly infringing apparel, are shown below: Louis Vuitton has used its Toile Monogram Design for over 120 years and has obtained nine trademark registrations which incorporate aspects of the design. This case is interesting because Louis Vuitton is not asserting infringement of a single mark, but of nine separately registered marks. Louis Vuitton’s trademark registration strategy allows Louis Vuitton to assert three counts of trademark infringement, three counts of trademark counterfeiting, and three counts of trademark dilution for each infringing article of clothing. Because it has separately registered individual elements of a complex design, it asserted one count for each category shown above.

Louis Vuitton also asserted a federal false designation cause of action and several state and common law causes of action, using the separate mark groups for most of these as well. Louis Vuitton’s strategy of separately registering the individual elements of a pattern, could entitle Louis Vuitton to greater monetary damages if the Defendants are found to infringe all the asserted marks.

This brand protection strategy also gives Louis Vuitton an additional opportunity to assert its trademarks against potential infringers that make slight alterations to portions of the Toile Monogram Design Mark. For brand owners, this case highlights the potential advantage of registering individual elements of a pattern or design.

Can you paint patent leather bags?

These days, you can find leather paint types in a rainbow of colors, earth tones, and, of course, black and white. Leather paints also come in metallic, pearlescent, and glitter paints. There are paints you brush on, spray paints, markers and dyes. They are all pretty inexpensive and easy to use.

Leather paint, a courant made especially to adhere to leather, comes in a variety colors, types, and finishes. They include acrylic, metallic, pearlescent, paint markers, and spray paint. Leather paint finishes help to seal and protect the painted surface, while also making them water and stain resistant.

Do you want to paint your leather shoes or couch? There are many wonderful, economical leather paints for every kind of leather and objects of every shape, size, and use. Let’s explore more. Quite simply, leather paint is paint that is specially formulated to use on leather. Acrylic Angelus Leather Paints with Deglazer and Brushes and Daubers Some leather paints, like Angelus brand, can be used on any type of leather as well as pleather and a variety of other surfaces. DecoArt makes paint especially for use on patent leather.

  1. There are leather markers for more detailed work.
  2. And if you want one solid color, you can also use leather spray paint.
  3. Other paints and markers that are not specifically for leather can be used, as well.
  4. Sharpies and other permanent markers, some kinds of acrylic paints and even Rustoleum oil-based paint will also work.

It’s a good idea to check manufacturer recommendations to see if the specific paint you’re considering is recommended for use on leather and if you need to do any special preparation or finishing. All kinds of leather need some special preparation before applying paint.

Can you dye a patent leather bag?

Fiebings leather dye is a great way to cover color-transfer marks on patent, or change up an older light colored patent purse to a more vibrant color. Its a little tricky to work with, but if the bag is junk otherwise or destined for goodwill, it makes for a fun project and potential home-run purse in the end!

Is ice cream a patent?

U.S. Patent 746,971 filed September 18, 1903 and issued December 15, 1903. Nancy Johnson invented the first ice cream freezer in 1843.

Are aesthetic creations patentable?

3.4 Aesthetic creations Subject-matter relating to aesthetic creations will usually have both technical aspects, e.g. a “substrate” such as a canvas or a cloth, and aesthetic aspects, the appreciation of which is essentially subjective, e.g. the form of the image on the canvas or the pattern on the cloth.

  • If technical aspects are present in such an aesthetic creation, it is not an aesthetic creation “as such” and it is not excluded from patentability.
  • A feature which might not reveal a technical aspect when taken by itself could have a technical character if it brings about a technical effect.
  • For example, the pattern of a tyre tread may actually be a further technical feature of the tyre if, for example, it provides improved channelling of water.

On the contrary, this would not be the case when a particular colour of the sidewall of the tyre serves only an aesthetic purpose. The aesthetic effect itself is not patentable, neither in a product nor in a process claim. For example, features relating solely to the aesthetic or artistic effect of the information content of a book, or to its layout or letter font, would not be considered as technical features.

Nor would features such as the aesthetic effect of the subject of a painting or the arrangement of its colours or its artistic (e.g. Impressionist) style be technical. Nevertheless, if an aesthetic effect is obtained by a technical structure or other technical means, although the aesthetic effect itself is not of a technical character, the means of obtaining it may be.

For example, a fabric may be provided with an attractive appearance by means of a layered structure not previously used for this purpose, in which case a fabric incorporating such structure might be patentable. Similarly, a book defined by a technical feature of the binding or pasting of the back is not excluded from patentability under and, even though it has an aesthetic effect too.

A painting defined by the kind of cloth, or by the dyes or binders used, is likewise not excluded. A technical process, even if it is used to produce an aesthetic creation (such as a cut diamond), is nevertheless a technical process which is not excluded from patentability. Similarly, a printing technique for a book resulting in a particular layout with aesthetic effect is not excluded, and nor is the book as a product of that process.

Again, a substance or composition defined by technical features serving to produce a special effect with regard to scent or flavour, e.g. to maintain a scent or flavour for a prolonged period or to accentuate it, is not excluded. : 3.4 Aesthetic creations

How do you know if a product is patentable?

Getting a Patent — Basic Patent Requirements – In order for your invention to qualify for patent eligibility, it must cover subject matter that Congress has defined as patentable. According to USPTO this means the subject matter should be any “new and useful” process, machine, manufacture or composition of matter. So before applying a patent make sure:

The invention is useful or other words provide a “utility”. The invention is “novel” The invention is “non-obvious” and The invention must not have been disclosed to the public prior to the application for the patent.

So how do you know if your idea is eligible for a patent? Similarly, how do you know if your idea is worth the expense of filing for a patent? If you answer “yes” to these 7 questions, filing for a patent may be the right step for you.