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Hi and Help Please
CRYSTALMARIE
subscriber Posts: 4
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.
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.
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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?
you can file as many different provisionals as you want - you just can`t chain them one after the other.