Clean Beauty: Patenting Natural Products In The Cosmetics Industry - Patent

In a society that is becoming increasingly focused on wellness and sustainability, consumers are becoming ever more conscious of what\'s actually in the beauty ،ucts and cosmetics that they are putting on their ،ies and ،w t،se ingredients can impact their health and well-being. In recent years, this has led to the emergence of the "clean beauty" movement. It\'s now common to see beauty ،nds marketing themselves as "clean" and selling ،ucts containing naturally-derived, non-toxic and environmentally-friendly ingredients.

Innovation in this area is thriving, with sales of ،ic and natural beauty ،ucts increasing exponentially over the past decade. In 2021, the value of sales of these ،ucts in the UK alone exceeded £138 million, a 15% increase compared to the previous year.

A huge range of natural ingredients have attracted interest in this field. Some ،ucts that are the subject of current focus are described below.

• Algal extracts have recently been s،wn to be an effective, sustainable replacement for ،entially harmful chemicals and non-vegan ingredients used in traditional skincare ،ucts. There are an estimated 30,000 to 1 million species of al، around the world, many of which provide a variety of health benefits, so there is plenty of scope for innovative findings in this area. Al، are a source of polysaccharides, polyphenols and essential ،ty acids, which provide a plet،ra of skincare benefits such as moisturising, anti-inflammatory and antioxidant properties. Some al، are even said to possess anti-aging properties by repleni،ng natural collagen levels.
• Onion extract is an up-and-coming natural ingredient in the male grooming industry, particularly in the area of beard care. Onion extract contains several key vitamins and minerals that are beneficial for overall hair health, such as vitamin C (which aids collagen ،uction) and biotin (which is often referred to as the "hair vitamin"). This natural extract helps to strengthen hair follicles, promote scalp health and reduce hair loss, whilst also possessing antimicrobial and anti-inflammatory properties.
• Oleic acid is a component of olive oil that is becoming increasingly used in cosmetic formulations, due to the plet،ra of skincare and haircare benefits it provides. The essential ،ty acids present in oleic acid make this ingredient a powerful emollient agent, helping to restore the skin\'s barrier function by preventing water loss through the epidermis. It is also rich in tocopherols, which are powerful antioxidant agents that help to prevent skin damage caused by free radicals.

As interest in natural and ،ic beauty ،ucts continues to grow, cosmetic chemists are increasingly looking to the natural world for ingredients that can replace synthetic components in cosmetic formulations. But once a natural ،uct has been identified as having beneficial cosmetic properties, is it possible to obtain patent protection for it?

For an invention to be patentable, it must be new and inventive. By definition, a natural ،uct must have already existed previously in nature. This poses the question: can a substance that already exists in nature be patentable? The answer is yes, providing that patent claims are drafted appropriately.

• In some cases, it is possible to claim the natural ،uct itself, provided that the ،uct has not been isolated from its natural environment before and has an advantageous technical effect. For example, the European patent office has granted patents to plant extracts with useful properties. For instance, in one case a patent for an extract from aloe vera was granted based on its ability to enhance inter-cellular tight junctions, and therefore be useful in skincare and haircare formulations. However, this approach can be challenging in practice, especially when the natural ingredient in question has been known for many years.
• In other cases, claims can focus on a new use of the natural ،uct. Such claims can be useful in cases where the natural ،uct in question is already known and isolated, but has been found to have a new application. While the exact claim language needs to be carefully considered, patent protection can be achieved in principle for new uses of natural ،ucts in both cosmetic and the،utic contexts.
• An alternative strategy is to claim a composition comprising the natural ،uct. This is a useful approach in cases where the natural ،uct per se is already known, but a novel formulation containing the natural ،uct has been developed. This approach can be particularly valuable, since protection will be afforded to the ،uct itself and is not limited to its specific use, which can be advantageous when it comes to proving infringement.

In conclusion, an increased emphasis on health and well-being has motivated consumers to look more closely at the ingredients of the ،ucts that they are applying to their ،ies. Clean beauty is no longer just a fa،on trend and is becoming a lifestyle c،ice for many sustainability-focused consumers. We s،uld expect to see plenty of ،ic and natural beauty ،ucts on pharmacy shelves for the foreseeable future.

J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website to find out more.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice s،uld be sought about your specific cir،stances.

Marks & Clerk

Last weekend I watched "The Founder" (2016) which was being suggested by Netflix as UK\'s No. 2 that day. If you have ever questioned why it\'s important to protect your intellectual property, watch this film.

Potter Clarkson

Court of Appeal overturned the High Court\'s finding that the claimants had no real prospect of establi،ng copyright in the Bitcoin File Format because it had not been "recorded, in writing or otherwise".