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Intellectual Propery ownership
When asked to formulate and receive payment for this who owns the intellectual property on this?
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3 Replies
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We specify that the client owns the formula/process and IP in routine formulation/PD.If we have a specific patent/technology we negotiate a payment/royalties for rights to market;This can be either exclusive or non-exclusive depending upon the agreement.
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We specify that the client owns the final approved Formula and Process. Honestly, this is a topic that people put far too much thought into. If we are honest, in most of our cases there is no patentable material or process. We are all “digging through the same parts bin.” In the end, any Cosmetic Chemist can reproduce your product functionally with some time. However, it is the Sales/Marketing and Business Relationships a line fosters that can’t be stolen.
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Some CMO’s, and even some consultants, may offer their formulating services without conveying ownership of the formula. (This isn’t really IP, since no patents are involved) Doing this is usually much cheaper than owning the formula, but it locks you in to a business relationship that you may not want.
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