• Login
    • Join
  • FOLLOW:
  • Subscribe Free
    • Magazine
    • eNewsletter
    Checkout
    • Magazine
    • News
    • Exclusives
    • Nutraceuticals
    • Markets
    • Health
    • Jobs
    • Events
    • Buyers' Guide
    • Showcases
    • More
  • Magazine
  • News
  • Exclusives
  • Nutraceuticals
  • Markets
  • Health
  • Jobs
  • Events
  • Buyers' Guide
  • Showcases
  • Current & Past Issues
    Features
    Columns
    Editorials
    Digital Edition
    Subscribe Now
    Advertise Now
    eNewsletter
    Editorial Guidelines
    Top Features
    Nutraceuticals for Men: Muscle Health and Performance Nutrition

    Aging in Place: Healthy Lifestyles Supplement Science-Based Solutions

    Getting an Edge in Esports: Meeting the Health Needs of Competitive Gamers

    Beyond CBD: Cannabis Compounds Warrant Recognition and More Research

    Leveling Out the Energy Segment for Mainstream, and Rethinking Caffeine
    Breaking News
    Certifications, Approvals and Patents
    Exclusives
    Industry & Market News
    People
    Products
    Regulatory
    Research
    Supplier News
    Supplier Insights
    Live From Shows
    Top News
    GOED Creates Infographic Highlighting Omega-3 Health Claims Approved in Europe

    Kyowa Hakko Appoints Dr. Colin Hill to Immuse Scientific Advisory Board

    Expert Consensus Statement: Diet is Best Primary Intervention to Achieve Diabetes Remission

    Choline Alone May Improve Maternal DHA Status During Pregnancy

    Cranberry Consumption Linked to Memory and Neurological Function Improvements
    Exclusives
    Blogs & Guest Articles
    Health E-Insights
    Area Code 420
    eBook
    Antioxidants
    Dairy-Based Ingredients
    Enzymes
    Fatty Acids
    Fiber & Carbohydrates
    Green Foods
    Herbs & Botanicals
    Marine Nutraceuticals
    Minerals
    Omega 3s
    Probiotics & Prebiotics
    Proteins, Peptides, Amino Acids
    Sweeteners
    Vitamins

    GOED Creates Infographic Highlighting Omega-3 Health Claims Approved in Europe

    Kyowa Hakko Appoints Dr. Colin Hill to Immuse Scientific Advisory Board

    Choline Alone May Improve Maternal DHA Status During Pregnancy

    Cranberry Consumption Linked to Memory and Neurological Function Improvements

    Bilberon Bilberry Extract Receives U.S. Patent For Eye Strain, Neck/Shoulder Pain
    Consumer Trends
    Contract Manufacturing
    Cosmeceuticals / Nutricosmetics
    Delivery & Dosage Technologies
    Dietary Supplements
    Flavors & Colors
    Functional Foods & Beverages
    Healthcare Trends
    Medical Nutrition
    Mergers & Acquisitions
    Natural/Organic
    Nutrition Bars
    Packaging
    Pet Nutraceuticals
    Quality & Safety
    Regulations
    Research
    Testing
    World Markets

    FDA Issues Draft Guidance on NDI Enforcement Discretion

    GOED Creates Infographic Highlighting Omega-3 Health Claims Approved in Europe

    Kyowa Hakko Appoints Dr. Colin Hill to Immuse Scientific Advisory Board

    Expert Consensus Statement: Diet is Best Primary Intervention to Achieve Diabetes Remission

    Choline Alone May Improve Maternal DHA Status During Pregnancy
    Bone & Joint Health
    Cancer Risk
    Cardiovascular Health
    Cognitive Function
    Diabetes & Blood Sugar Management
    Digestive Health
    Energy
    Eye Health
    Healthy Aging
    Immune Function
    Infant & Children's Health
    Inflammation
    Men's Health
    Mood Health & Sleep
    Oral Health
    Sexual & Reproductive Health
    Skin Health
    Sports Nutrition
    Weight Management/Weight Loss
    Women's Health

    Kyowa Hakko Appoints Dr. Colin Hill to Immuse Scientific Advisory Board

    Expert Consensus Statement: Diet is Best Primary Intervention to Achieve Diabetes Remission

    Choline Alone May Improve Maternal DHA Status During Pregnancy

    Cranberry Consumption Linked to Memory and Neurological Function Improvements

    Bilberon Bilberry Extract Receives U.S. Patent For Eye Strain, Neck/Shoulder Pain
    Industry Events
    Live From Show Events
    Webinars
    All Companies
    Categories
    Trade Associations
    Company Capabilities
    International Buyers Guide Companies
    Sabinsa Corporation

    PhytoGaia Inc

    Verdure Sciences

    Applied Food Sciences, Inc.

    Aiya America, Inc. (Aiya Matcha)
    Companies
    Product Releases
    News Releases
    Literature / Brochures
    White Papers
    Jobs
    VIdeos
    Services
    Add New Company
    International Buyers Guide Companies
    Sabinsa Corporation

    PhytoGaia Inc

    Verdure Sciences

    Applied Food Sciences, Inc.

    Aiya America, Inc. (Aiya Matcha)
    • Magazine
      • Current / Back Issue
      • Features
      • Editorial
      • Columns
      • Digital Edition
      • eNewsletter Archive
      • Editorial Guidelines
      • Subscribe Now
      • Advertise Now
    • Breaking News
    • Buyers' Guide
      • All Companies
      • Categories
      • Trade Associations
      • Company Capabilities
    • Nutraceuticals
      • Antioxidants
      • Dairy-Based Ingredients
      • Enzymes
      • Fatty Acids
      • Fiber & Carbohydrates
      • Green Foods
      • Herbs & Botanicals
      • Marine Nutraceuticals
      • Minerals
      • Omega 3s
      • Probiotics & Prebiotics
      • Proteins, Peptides, Amino Acids
      • Sweeteners
      • Vitamins
    • Markets
      • Consumer Trends
      • Contract Manufacturing
      • Cosmeceuticals / Nutricosmetics
      • Delivery & Dosage Technologies
      • Dietary Supplements
      • Flavors & Colors
      • Functional Foods & Beverages
      • Healthcare Trends
      • Medical Nutrition
      • Mergers & Acquisitions
      • Natural/Organic
      • Nutrition Bars
      • Packaging
      • Pet Nutraceuticals
      • Quality & Safety
      • Regulations
      • Research
      • Testing
      • World Markets
    • Health
      • Bone & Joint Health
      • Cancer Risk
      • Cardiovascular Health
      • Cognitive Function
      • Diabetes & Blood Sugar Management
      • Digestive Health
      • Energy
      • Eye Health
      • Healthy Aging
      • Immune Function
      • Infant & Children's Health
      • Inflammation
      • Men's Health
      • Mood Health & Sleep
      • Oral Health
      • Sexual & Reproductive Health
      • Skin Health
      • Sports Nutrition
      • Weight Management/Weight Loss
      • Women's Health
    • Online Exclusives
    • Webinars
    • Slideshows
    • Blogs & Guest Articles
    • Health E-Insights
    • Videos
    • Podcasts
    • Infographics
    • eBook
    • Whitepapers
    • Research
      • TrendSense
      • Monograph Center
      • White Papers
      • Research News
    • Jobs
    • Events
      • Industry Events
      • Live From Show Events
      • Webinars
    • Supplier Showcases
      • Companies
      • Product Releases
      • News Releases
      • Literature / Brochures
      • White Papers
      • Jobs
      • VIdeos
      • Services
    • About Us
      • About Us
      • Contact Us
      • Advertise With Us
      • Privacy Policy
      • Terms of Use
    Columns

    Maximizing Your IP Portfolio

    Patent protection can strengthen your company’s position in the marketplace.

    Maximizing Your IP Portfolio
    Maximizing Your IP Portfolio
    Related CONTENT
    • Bilberon Bilberry Extract Receives U.S. Patent For Eye Strain, Neck/Shoulder Pain
    • Hofseth BioCare’s CalGo Ingredient Shown to be More Absorbable than Calcium Carbonate
    • Nektium Secures International Patents for Zynamite Mango Leaf Extract
    • HP Ingredients and H&AD to Showcase Ingredients at Vitafoods Europe
    • Curcumin Ingredient Curcugen Sees Positive Results in Safety Study
    Gregory Stephens, RD, Windrose Partners01.02.14
    The pursuit of patents in our industry has a long tradition. Since 1971, the term “nutraceutical” has been referenced in more than 10,000 U.S. patents and patent applications. In this same timeframe, “glucosamine” alone has been referenced in more than 800 issued patents. With proliferation of patent protection in the nutraceutical market, the development of new, more sophisticated products is becoming a more complex process, increasingly with greater risk.

    What & Why Patents?
    Simply stated, a patent is a contract with a government. It affords the right to exclude others from making, using, offering for sale, selling or importing the invention as defined by the claims of a patent. It is a limited right because it has a limit on life span, geographic area and the scope of claim coverage, all of which define the boundaries of the right to exclude others from using an invention.

    The duration term afforded by a patent begins on the date of issue and lasts for a maximum period of 20 years from the filing date, provided the patent is “maintained” for the entire period by timely payment of maintenance fees. Upon expiration of a patent term, the patent is considered to be in the public domain and may be freely used by anyone.

    Patents also have a limited geographic territory; specifically, they are limited to the geographic area of the country of issuance. For example, a U.S. patent is enforceable only within the U.S. and its territories. The invention is free to be used by anyone in countries in which the patent is not registered. Companies generally make strategic decisions about key markets for their technologies and select the countries in which they will seek patent protection accordingly.

    A common mistake involves confusing a published international application filed as Patent Cooperation Treaty (PCT) for an international patent. There is no such thing as an international patent; publication of a patent application does not qualify as a patent either.

    What Can Be Patented?
    The conditions for patentability include appropriate subject matter, usefulness, novelty and non-obviousness. The appropriate subject is stated as, “Anything under the sun that is made by man,” (Diamond v. Chakrabarty, 447 U.S. 303, 308-09, 206 USPQ 193, 197 (1980)). That would include any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement of the above.

    To be considered useful, the invention must provide some immediate benefit to the public. An inoperative invention is not a useful invention; however, the mere identification of the physiological activity of a compound that is relevant to an asserted nutraceutical use provides an “immediate benefit to the public” and satisfies the utility requirement.

    To be novel, the invention must not previously be known or used by others. This includes items that may have been previously patented or simply described in a printed publication.

    The final condition, non-obvious, means the invention must not be an obvious modification of a known item or process. This obviousness criterion is evaluated from the perspective of a hypothetical person of ordinary skill in the prior art.

    Can A Natural Product Be Patented?
    First, let’s consider what is not patentable. This would include the laws of nature (e.g., law of gravity), any physical phenomenon (e.g., a new plant found in the wild) and abstract ideas (e.g., E=mc2). Examples of items in our industry that may be patentable include compounds and ingredients isolated from a natural product, or a composition or mixture not found in nature. Also patentable would be a new process of making a compound or composition, or a new method of formulating or delivering it—the latter incudes a new use of a known compound or composition.

    How much evidence is necessary to support a patent claim? Probably not as much as you think. Keep in mind that assertion of therapeutic utility for patent purposes is not to be confused with regulatory standards with regard to efficacy. For instance, in vitro testing may establish a practical utility for the compound of an invention and a small study with few subjects may be enough to establish a claim for a medicinal composition.

    For a representative example, refer to issued U.S. Patent 6,592,896 (Rosenbloom, Jul. 15, 2003): Medicinal Composition And Method Of Using It. In this patent, claim #1 stated: “A medicinal composition comprising: a first ingredient obtainable from turmeric; a second ingredient obtainable from ginger; and a third ingredient obtainable from horseradish, and wherein the first, second and third ingredients are present in the composition in amounts effective to together provide substantial relief of one or more symptoms selected from the group consisting of symptoms of a common cold, a sore throat, congestion, laryngitis, mucositis, mucous inflammation and sialorrhea.”

    A study of two patients suffering from excessive secretion of saliva, who ingested 1-2 lozenges daily for a period of three weeks, was provided as substantiation to support this claim. “It was found that the ingestion of lozenges effectively controlled excessive secretion of saliva.”

    A second supportive study included seven patients suffering from sore throats, who ingested one lozenge at a time over a couple of hours, demonstrating that each lozenge provides a relief for up to 6 hours.

    Licensing Patent Rights & Freedom to Operate
    As mentioned, owning a patent or licensing a patent does not give you the right to practice the invention. Prior to launching a product, it is prudent to obtain a freedom to operate opinion from a patent attorney, as there may be others with a patent for a related technology that may have broader claims. Thus, launching a sale of the ingredient or product may be an infringement. A lawsuit for infringement may be avoided by in-licensing or cross-licensing.

    Exploiting Your Intellectual Property
    There are numerous strategies to gain the most from your intellectual property program. Many companies attempt to create a broad and diverse portfolio of various types of IP. This may include a combination of patent claims, trademarks and trade secrets. This may be accomplished internally or via in-licensing of additional patents.

    Patents vs. Trade Secrets
    A brief word on whether an invention may be better protected as a trade secret: When filing for a patent application, you must disclose all aspects of the invention. There are times when you may not wish to share this information openly. For instance, if the invention is difficult to reverse engineer, or if it has a short lifetime in the marketplace. In such situations, protecting the technology as a trade secret may be more appropriate. Just keep in mind that trade secrets may not be patented by their owners if in public use for more than one year—yet they may be patented by someone else (an independent discoverer).

    Keep in mind, there are “proper” means of acquiring trade secret knowledge. Competing companies may discover and patent the idea by independent invention. This would preclude you from using your trade secret. One may reverse engineer the invention, discover under a license from the owner of the trade secret, or the invention may be observed when the item is on public display. The important message is: keep your trade secrets secret!

    Recent Changes to U.S. Patent Law
    The Leahy-Smith America Invents Act (AIA) was designed to modernize the U.S. patent system. A key provision in the AIA converted the U.S. from a first-to-invent to a first-to-file system. This provision became effective on Mar. 16, 2013. It is now imperative that a company file an application on invention at the earliest possible date or risk someone else filing first, negating the prior law that provided precedence to those with documentation of the invention.

    Trademarks, service marks, trade dress and copyrights are also important elements of your IP program. These will be addressed in a future Business Insights column.

    Searching, writing and filing patents can be conducted by anyone utilizing the U.S. Patent and Trademark Office (USPTO) website (www.uspto.gov). However, in most situations this skill should be conducted by a well-qualified patent attorney.


    Legal assistance in development of this column was provided by Marina Volin, registered patent attorney specializing in the nutraceutical, biotechnological, pharmaceutical and medical device industries.

    Save the Date: The Second Annual Health Practitioner Market Forum, April 2-4, 2014, Hotel Maya – Long Beach, CA. Position your company for success in the health practitioner channel and the market for medical foods. Contact: Greg Stephens, 215-860-5186; E-mail: gregstephens@windrosepartners.com; Website: www.HPMForum.com.

    Greg Stephens, RD, is president of Windrose Partners, a company serving clients in the the dietary supplement, functional food and natural product industries. Formerly vice president of strategic consulting with The Natural Marketing Institute (NMI) and Vice President of Sales and Marketing for Nurture, Inc (OatVantage), he has 25 years of specialized expertise in the nutritional and pharmaceutical industries. His prior experience includes a progressive series of senior management positions with Abbott Nutrition (Ross Products Division of Abbott Laboratories), including development of global nutrition strategies for disease-specific growth platforms and business development for Abbott’s medical foods portfolio. He can be reached at 215-860-5186; E-mail: gregstephens@windrosepartners.com.
    Related Searches
    • Nutraceutical
    • Nutritional
    • Dietary Supplement
    • Inflammation
    Related Knowledge Center
    • Healthcare Trends
    • Regulations
    • Dietary Supplements
    Suggested For You
    Bilberon Bilberry Extract Receives U.S. Patent For Eye Strain, Neck/Shoulder Pain Bilberon Bilberry Extract Receives U.S. Patent For Eye Strain, Neck/Shoulder Pain
    Nektium Secures International Patents for Zynamite Mango Leaf Extract Nektium Secures International Patents for Zynamite Mango Leaf Extract
    Hofseth BioCare’s CalGo Ingredient Shown to be More Absorbable than Calcium Carbonate Hofseth BioCare’s CalGo Ingredient Shown to be More Absorbable than Calcium Carbonate
    HP Ingredients and H&AD to Showcase Ingredients at Vitafoods Europe HP Ingredients and H&AD to Showcase Ingredients at Vitafoods Europe
    Curcumin Ingredient Curcugen Sees Positive Results in Safety Study Curcumin Ingredient Curcugen Sees Positive Results in Safety Study
    Dietary Supplement ‘Champion,’ and DSHEA Architect, Sen. Orrin Hatch Dies at 88 Dietary Supplement ‘Champion,’ and DSHEA Architect, Sen. Orrin Hatch Dies at 88
    Ovaterra Launches New Prenatal Vitamins Ovaterra Launches New Prenatal Vitamins
    Ashland Launches New Chewable Base for Dietary Supplements Ashland Launches New Chewable Base for Dietary Supplements
    New Joint Health Supplement Evidence – Works in 5 days to alleviate knee discomfort New Joint Health Supplement Evidence – Works in 5 days to alleviate knee discomfort
    Zeus Hygia Launches Muscle Recovery Ingredient, Gremin Zeus Hygia Launches Muscle Recovery Ingredient, Gremin
    Lawsuits Continue for False Advertising and Mislabeling Lawsuits Continue for False Advertising and Mislabeling
    2022 Contract Manufacturing Survey: Nutraceuticals and Pharmaceuticals 2022 Contract Manufacturing Survey: Nutraceuticals and Pharmaceuticals
    Mitsubishi Receives U.S. Patent for Glutathione Ingredient Mitsubishi Receives U.S. Patent for Glutathione Ingredient
    Suan Farma Acquiring Majority Share of Botanical Extract Company Monteloeder Suan Farma Acquiring Majority Share of Botanical Extract Company Monteloeder
    Patent Office Publishes Deerland Probiotics & Enzymes Application for Probiotic Bacillus subtilis Patent Office Publishes Deerland Probiotics & Enzymes Application for Probiotic Bacillus subtilis

    Related Content

    • Breaking News | Dietary Supplements | Eye Health | Herbs & Botanicals | Supplier News
      Bilberon Bilberry Extract Receives U.S. Patent For Eye Strain, Neck/Shoulder Pain

      Bilberon Bilberry Extract Receives U.S. Patent For Eye Strain, Neck/Shoulder Pain

      The anthocyanin-rich ingredient is now poised to enter the eye health category.
      05.18.22

    • Hofseth BioCare’s CalGo Ingredient Shown to be More Absorbable than Calcium Carbonate

      Hofseth BioCare’s CalGo Ingredient Shown to be More Absorbable than Calcium Carbonate

      Hydrolysis technology converts fresh sashimi-grade salmon byproducts into nutritional ingredients.
      05.12.22

    • Nektium Secures International Patents for Zynamite Mango Leaf Extract

      Nektium Secures International Patents for Zynamite Mango Leaf Extract

      Patents refer to Zynamite’s ability to improve alertness, concentration, and memory.
      05.12.22


    • HP Ingredients and H&AD to Showcase Ingredients at Vitafoods Europe

      HP Ingredients and H&AD to Showcase Ingredients at Vitafoods Europe

      Several botanicals and the clinical trials backing them will be featured.
      05.04.22

    • Breaking News | Herbs & Botanicals | Quality & Safety | Research | Supplier News
      Curcumin Ingredient Curcugen Sees Positive Results in Safety Study

      Curcumin Ingredient Curcugen Sees Positive Results in Safety Study

      While other clinical trials observed safe, efficacious outcomes, this was the first series of trials to evaluate safety as a primary endpoint.
      04.25.22

      Trending
      • Vitamin D3, Omega-3s, Exercise May Cumulatively Reduce Cancer Risk In Older Adults | Nutraceuticals World
      • Leaven Essential To Launch Branded Botanical Extracts To Global Markets | Nutraceuticals World
      • Vitamin D3, Omega-3s, Exercise May Cumulatively Reduce Cancer Risk in Older Adults
      • Oregon Files Lawsuit Against GNC | Nutraceuticals World
      • Vitamin K2 Status May Impact Blood Pressure And Pulse Wave Velocity | Nutraceuticals World
      Breaking News
      • GOED Creates Infographic Highlighting Omega-3 Health Claims Approved in Europe
      • Kyowa Hakko Appoints Dr. Colin Hill to Immuse Scientific Advisory Board
      • Expert Consensus Statement: Diet is Best Primary Intervention to Achieve Diabetes Remission
      • Choline Alone May Improve Maternal DHA Status During Pregnancy
      • Cranberry Consumption Linked to Memory and Neurological Function Improvements
      View Breaking News >
      CURRENT ISSUE

      May 2022

      • Aging in Place: Lifestyle Supplements Science-Based Solutions
      • Getting an Edge in Esports: Meeting Health & Nutrition Needs
      • Nutraceuticals for Men: Muscle Health and Performance Nutrition

      Cookies help us to provide you with an excellent service. By using our website, you declare yourself in agreement with our use of cookies.
      You can obtain detailed information about the use of cookies on our website by clicking on "More information”.

      • About Us
      • Privacy Policy
      • Terms And Conditions
      • Contact Us

      follow us

      Subscribe
      Nutraceuticals World

      Latest Breaking News From Nutraceuticals World

      GOED Creates Infographic Highlighting Omega-3 Health Claims Approved in Europe
      Kyowa Hakko Appoints Dr. Colin Hill to Immuse Scientific Advisory Board
      Expert Consensus Statement: Diet is Best Primary Intervention to Achieve Diabetes Remission
      Coatings World

      Latest Breaking News From Coatings World

      What Are You Reading?
      Teknos Receives EcoVadis Gold Medal for Sustainability Performance
      AkzoNobel and Partners Team Up to Hack Carbon Reduction Challenges
      Medical Product Outsourcing

      Latest Breaking News From Medical Product Outsourcing

      MPO's Most-Read Stories This Week—May 21
      Iterative Scopes Expands its Senior Leadership Team
      Viz.ai Raises $100 Million in Series D Funding
      Contract Pharma

      Latest Breaking News From Contract Pharma

      Piramal Pharma Solutions New API Plant in Canada Now Online
      MG America Appoints Claudio Radossi as President
      Catalent Invests $175M to Expand Mfg. Capabilities at Winchester, KY
      Beauty Packaging

      Latest Breaking News From Beauty Packaging

      Authentic Beauty Concept Launches Second-Generation ‘Refill Bar’
      HASK Beauty Enters Exclusive Partnership with Amazon
      Garance Doré Launches Made in France Skincare Line
      Happi

      Latest Breaking News From Happi

      P&G Closes HQ Due To Security Threat, Launches New Hair Care Line
      SPF Setting Spray, Lip Contour and Knotless Braids Are Hot Trends: Spate
      Nutrafol Launches Collagen Infusion
      Ink World

      Latest Breaking News From Ink World

      Weekly Recap: Zeller+Gmelin, Sun Chemical and Kornit Top This Week’s News
      Nazdar Celebrates 100 Years with a New Look
      hubergroup Chemicals Exhibits at Paint India for First Time
      Label & Narrow Web

      Latest Breaking News From Label & Narrow Web

      Brook + Whittle's new acquisition, SunDance goes to HP and more
      Specialty announces move to new facility
      Mark Andy hosts dealer's open house in Warsaw
      Nonwovens Industry

      Latest Breaking News From Nonwovens Industry

      Weekly Recap: Kimberly-Clark to Expand Diaper, Wipes Production in Brazil; The Honest Company to Sell Diapers, Wipes at Walmart & More
      3M to Expand in Nebraska
      Nicely Offers Nonwoven Slitters, Winders
      Orthopedic Design & Technology

      Latest Breaking News From Orthopedic Design & Technology

      ODT's Most Read Stories This Week—May 21
      FDA Clears Anika Therapeutics' X-Twist Knotless Fixation System
      Paragon 28 Rolls Out TenoTac 2.0 Hammertoe and Soft Tissue Repair
      Printed Electronics Now

      Latest Breaking News From Printed Electronics Now

      Weekly Recap: Graphene Flagship, Japan Display and LG Display Top This Week’s Stories
      Evonik Launches New Processing Aids for PV Wafer Cutting
      NREL Creates Highest Efficiency 1-Sun Solar Cell

      Copyright © 2022 Rodman Media. All rights reserved. Use of this constitutes acceptance of our privacy policy The material on this site may not be reproduced, distributed, transmitted, or otherwise used, except with the prior written permission of Rodman Media.

      AD BLOCKER DETECTED

      Our website is made possible by displaying online advertisements to our visitors.
      Please consider supporting us by disabling your ad blocker.


      FREE SUBSCRIPTION Already a subscriber? Login