How do I patent a beauty product I made? Also, is patent the right word?

Question

Or what is it called when I made up the recipe for the beauty product and I don't want anyone to steal it.

Answer 1

The first thing you should do is document your idea (ie. write it down). And not just a sentence or two. You should write a reasonably detailed patent disclosure. It doesn’t need to be a novel, but take some time to think through some of the details, including how your device is made. Ideally, this is done in a bound notebook with pre-number pages which are available in any office supply or stationary store. The written description should enable someone with expertise in the field, to make and use your product. Every time you work on your device, note it in your notebook, with dates. Update your notebook with new entries relating to any new developments, analyses, tests, results and descriptions of prototypes. Have at least one independent party witness your notebook entries with their signature and date.

Before you spend the considerable cost (typically 5 to 10 thousand $) for a patent application by an attorney, you should search to see what other patents already exist. You can do some searching yourself for free at the USPTO search site: http://www.uspto.gov/patft/index.html

If you find searching difficult or confusing, you can pay a patent attorney or agent to conduct a search, but that may cost several hundred to a few thousand depending on the area of your invention.

When you are ready to file a patent application, you may want to file a provisional patent application with the U.S. Patent & Trademark Office (www.uspto.gov). The provisional application fee is only around $100. The provisional application will give you 1 year before you need to file a full application. So, it doesn't replace the application, just delays the expense of a full application. It is important that you prepare the application in the proper way and with good attention to detail. There is a good book; "Patent it yourself" by Pressman.

The name of your product can be protected by filing a Trademark application. You can do that yourself on the USPTO website. Again, you should search first to see if someone already has the name for a beauty product. If there is anything close, you may need talk with an trademark attorney.

Answer 2

There are rules and limitations which govern what is patentable and what isn't, but if you're an American then the relevant body is the US Patent and Trademarks Office at http://www.uspto.gov

Answer 3

You would have to file an application with the Patent Office. This is a non-trivial exercise and you should have the advice of good patent counsel up front in the design of the patent claims. I suspect you are more likely seeking a copyright on the name, trade dress, etc. of your product. Copyrights are much easier to obtain and file.