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Is it Patentable?
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   Patenting a Perfume?
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   Author  Topic: Patenting a Perfume?  (Read 8640 times)
Shannyn Bessoni
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Patenting a Perfume?
« on: Jul 8th, 2005, 4:11pm »
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Hi,
 
I am in the process of creating what I hope is a new perfume. Firslty, do I need to check that what I am doing does not already exist? Secondly can I patent the recipe/formula of the eau de parfum (or would trade secret status be more realisitic)?
 
Thanks!
 
Shannyn
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Jason Delove
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Re: Patenting a Perfume?
« Reply #1 on: Jan 15th, 2006, 12:57am »
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Hey Shannyn !!
 
Any luck on perfume patent?
I am wanting some direction as well. Where to start?
How do I protect myself from attorneys who might steal e.t.c.?
 
Sincerely,
 
Jason
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Wiscagent
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Re: Patenting a Perfume?
« Reply #2 on: Jan 15th, 2006, 7:26am »
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It is probably a good idea to spend a few hours doing a patent search and a literature search on perfumes that may be simliar to the type you are developing.  You may learn some new technology that can help your development process.  That could be worth you investment of time.  I doubt that you will find a patent that would block your ability to make and market your new product.
 
To obtain a patent your invention must be novel and non-obvious.  On that basis alone, it is unlikely that your new perfume is patentable.  
 
Jason asked "How do I protect myself from attorneys who might steal ...?"  It would be unethical and probably illegal for an attorney to steal your invention.  One way you could protect yourself would be to look up patents in related technologies; see who is listed as the Firm, Agent, or Attorney on the case; then contact the patentee and ask if he or she is satisfied with the attorney's work.
 
 
Richard Tanzer
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Richard Tanzer
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ChrisWhewell
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Re: Patenting a Perfume?
« Reply #3 on: Jan 19th, 2006, 7:26am »
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Perfumes are indeed patentable.  Historically, the vast majority of companies have chosen not to patent their formulae, because it was usually not possible for competitors to determine the composition of the mixture, and by patenting, you would have to disclose the formula into the public domain.
 
The idea is to obtain a patent which is broad enough to cover your composition, so that nobody can make, use, or sell any other composition which smells substantially similar - otherwise, you may have no meaningful protection.   Depending on the contents of the prior art, you may be able to obtain a strong patent, provided, as usual, that your ocmposition(s) are in fact novel and are not obvious over what is available to one of ordinary skill in the art.  This is a fertile area for a creative claim drafter.
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Chris Whewell, M.S.
CriterionD
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Re: Patenting a Perfume?
« Reply #4 on: Jan 24th, 2006, 5:47pm »
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Actually, I believe you may be able to trademark a scent.  I've come across at least one US trademark recently attempting to do this
 
http://www.slashfood.com/2005/10/30/french-firm-fails-to-trademark-scent -of-strawberries/
 
Technically, if a scent distinctively "describes" a product then I don't see why you couldn't obtain a trademark for it
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