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Model96 said:I read the study done my skinceuticals for the CE ferulic (15% LAA) and like you said, it’s patented. So, we are not allowed to use the exact concentration of vitamin C, ferulic acid and vitamin E. For us, we use a different percentage of vitamin C (10%), ferulic acid and vitamin E. Thus, it won’t be a problem right?
Yes, that would be a problem. The patent covers the combination of Vitamin C, Ferulic Acid and Vitamin E each in a range of percentages, not just those specific amounts that are actually used in the product. It also covers the pH range of the product, so you are tempting fate of a patent infringement lawsuit if you try using that combination.
As for as packaging, that is a decision somewhat separate from the product development itself and is more of a marketing decision.