The pair discussed patent opportunities across ingredients, formulations, delivery systems, methods of use, as well as the importance of assessing freedom to operate before commercialization.
“Start thinking about this early, early in the life cycle,” said Carrera, a patent agent. “Priority dates or filing dates can be incredibly valuable.”
Patent protection may extend beyond novel ingredients to include formulations that improve bioavailability, stability, or absorption. Naturally occurring ingredients and botanicals may also present opportunities though novel purification methods, specific uses or combinations that demonstrate synergistic effect, said Paredes, a patent attorney.
However, patentability doesn’t automatically mean a company can commercialize its product without infringing another patent.
“People think of patents as a shield, but patents themselves are more of a sword,” said Paredes, a patent attorney. While patents can prevent others from using an invention, freedom to operate assesses whether a product infringes existing patent claims.
For startups with minute legal budgets, Paredes recommended considering provisional patent applications, which establish a filing date and provide 12 months to pursue a non-provisional or international application.
Carrera also cautioned against making patent claims without sufficient supporting evidence, particularly for synergistic formulations.
“You should be looking for good data, good experimental setups,” he said, encouraging companies to share research with patent counsel to help substantiate claims.
Looking ahead, the experts identified biotech, bioengineered ingredients, weight management and mental health as areas offering potential opportunities for future intellectual property development.
