Patenting a product or Trademark?

[urbanspirit]

I have made a product that works really well. However it contains similar ingredients and application to another product that is well marketed. However my product contains two different ingredients.

The main ingredient though is suspended in oil like the other product. They claim they are the only people that have this ingredient in this medium used in the same way I use mine. I also have their product also. However my product is achieving better results.

Can you patent/trademark a list of ingredients or application? Will they stop me using my product?

Thanks

 

[urbanspirit]

can anyone help?

 

[Browns Photography]

Have a look at the website of the Intellectual Property Office. I can't post the link here, but search on ipo gov uk to find it.

There's lots of useful information there - hope you find an answer to your query.

 

[Trademarkroom]

Hi. Patents and trademarks whilst both being types of intellectual property, protect very different things:

Patent

A patent protects new inventions and covers how things work, what they do, how they do it, what they are made of and how they are made. If a patent application is granted, it gives the owner the ability to take a legal action under civil law to try to stop others from making, using, importing or selling the invention without permission. The UKIPO states that:

Your invention must:

be new
have an inventive step that is not obvious to someone with knowledge and experience in the subject
be capable of being made or used in some kind of industry
be capable of industrial application, having a technical effect
not be:

a scientific or mathematical discovery, theory or method

a literary, dramatic, musical or artistic work

a way of performing a mental act, playing a game or doing business

the presentation of information, or some computer programs

an animal or plant variety

a method of medical treatment or diagnosis

against public policy or morality.

So you cannot patent/trademark a list of ingredients. The trademark will protect the brand- so the name of the product. There maybe other things you can/cannot do and I will be able to advise further if you wish to get in touch with more info.