Is it legal to produce a supplement based on research from a medical journal?
Hi, I’m interested in producing a dietary supplement based on research published in a medical journal. The study in the journal listed the ingredients used in the research and I’m interested in producing a supplement containing those ingredients.
Here’s what makes it interesting: the doctor that performed the study is already doing what I’m talking about… in fact, he created the supplement product first, and then did the study based on the ingredients in the supplement. As best I can tell, his supplement product is not patented.
My questions:
1. Can a supplement formula be patented? If this existing product is patented, does that protect its ingredients, preventing me from making the same formulation?
2. Related to #1, does that still apply even if the ingredients are listed in a medical journal article (which does not mention the supplement product by name at all, it just lists the ingredients)?
thanks—-
T
Powered by Yahoo! Answers
Generally, supplements can not be patented, as they are considered naturally occuring substances. That’s why there are so many different versions of each, and why every time there’s a new one, imitators crop up immediately. So go for it, and good luck.
See a patent attorney.
There are regulations covering sale of such items that you’ll need to become aware of. Check FDA for openers.
You said he is a doctor. Do you have someone on your Team with similar credentials? This might be a key aspect.