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”.