Forums: Discussions for entrepreneurs and small business.

Hi, I`m new & have to tell you I love this site.  It`s full of great info.  Now on to the Help part.  I have created a formula, that by the FDA is considered an over the counter drug.  I believe that I can follow all of their rules regarding it`s sale but am still doing research on that to be safe.  I`m also considering formulating it to be all natural which makes it homeopathic & subject to a seperate set of rules.  On to my questions......

In order for me to follow the FDA guidelines I have to use only their specific active ingredient but I can add others.  If I do this how different from another patent do I have to be to be patentable?  Is it considered obvious if my ingredients are natural but have never been used for this purpose?  When I get the provisional patent does it leave room for me to change the formula in the final patent?  Should I get my provisional before going to a manufacturer to finalize the formulation?  Okay, I think that`s enough for now.  Thank you in advance for your help.

there needs to be research done to answer a question like this.  provisional is not much help later for anything not disclosed in it.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Thanks James.  Is it research you think I could do?

you could research and tell your attorney what a person of ordinary skill would know about the compounds involved.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Hmm.  No one of ordinary skill (Doctor, maybe) would understand why it works.  I have a background in the medical field and, after months of research, I finally closed in on 2 reasons for it`s effectivness.  My concern was actually whether or not the provisional would be good in the event I add an ingredient or take one away.

BTW - I went to the link you posted in the thread before this one and that chat was a big help.  It looks like what they say is I don`t have to make any claims, only give a formula.  If the formula differs in the end I would either file another provisional or just file for the patent before the year is up?  Am I close?

the law does not require that an exact mechanism of action be known and disclosed.  we knew penicillin worked before we knew why.

you can file as many different provisionals as you want - you just can`t chain them one after the other.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Thank you that`s a lot of help.