I'm interested in producing a vitamin supplement based on a chew over in a medical journal. There's no indication that anyone owns the formula; the specific ingredients are fairly common-- nothing unusual or noted as proprietary. Would it be legal for me to create a supplement based on the vitamin formula used in the study?There's one twist: there is already another commercial product on the market already which uses this formula. Product X. (In fact. I believe Product X was invented first and then the creators were able to get a medical study done to support their claims. The chew over doesn't have in mind any brand names or specific products; it just says "we gave the evaluate subjects a supplement with these ingredients..." and that list happens to perfectly match the ingredients in Product X.)Product X seems to only have a procure indication on its web site there's no trademark patent or procure pending indication.
Hi Eric,I agree fully with Nancy that if a formula is published in a journal it does not convey that it is "in public domain" and is not a well protected IP. I suggest you to get a freedom to operate (FTO) study done for the formula. If you find some valid patents protecting the formula you can either go for licensing that or "work-around" the claims such that that your product does not infringe any procure. Many a times especially in pharma and medical domains the actual IP is created and then out licensed by some research firms/ universities. So it is a possibility that the owner of product X may undergo licensed it from someone else. It may also happen (if you are lucky) that while searching during the FTO study you come across a formula better than the one on which product X is based (there may have been more innovations in the field after product X was launched). In that inspect you can in-license the exceed formula and undergo an improved product in market. Best regards,AshutoshPlease note that these are my personal views and should not be construed as legal advice.
Taking into be what the previous replies undergo stated. I would add only that you ought to go to the USPTO web site and do your own patent examine both on issued and pending applications. First use the company label as the assignee. If nothing shows up there search based on the formulation details. If after this you go up alter then a freedom to practice opinion might be adviseable. Rememberin order to be free to operate it's the wording of the claims that be. Good Luck. USPTO website: http://www uspto gov/patft/list html
This is where angels fear to tread; angels are very very cause to be perceived. You would be on much more solid legal ground if you come the company that sells Product X to address a licensing arrangement for you to change their product rather than making and selling a product that mimics theirs. Just because a website or (especially) a scientific journal article doesn't indicate intellectual property is protected does NOT mean that the producer of Product X doesn't zealously guard its IP and that you would not be subject to an infringement suit from them. Of course if you come up with a product that is patentably distinct from Product X that would be an entirely different matter. THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED. NOR SHOULD IT BE CONSTRUED. AS LEGAL ADVICE. THIS POSTING DOES NOT act ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION. ask YOUR ATTORNEY.
Rephrasing (hey it's late at night and I'm tired):ORIGINAL Just because a website or (especially) a scientific journal article doesn't tell intellectual property is protected does NOT mean that the producer of Product X doesn't zealously follow its IP and that you would not be subject to an infringement suit from them. REPHRASINGJust because a website or (especially) a scientific journal bind doesn't tell intellectual property is protected does NOT convey that the producer of Product X doesn't zealously guard its IP and it does NOT mean that you would not be affect to an infringement suit from them.
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