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Legality of using patented ingredients (Myristyl Nicotinate)
There are several ingredients that I have found over the years that claim to be patented. For example, Myristyl Nicotinate, or Nia-114 as StriVectin calls it. Is it illegal to use such ingredient or is it only their brand name for such ingredients the only part that is protected?
I’m asking more in general since there are many, but I think Myristyl Nicotinate/Nia-114 is a good example of this.
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4 Replies
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read the patent for claims
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@CedarWind108
Generally, if the ingredient/molecule is patented by a cosmetics product manufacturer, then you won’t even be able to puchase the ingredient.
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I took a quick look, and of course this isn’t legal advice, you should confirm yourself, but it seems like Nia-114 is patented (according to the company), but not Myristyl Nicotinate. Seems like Nia-114 is a variation of it. Myristyl nicotinate is available for purchase, and I saw another lotion with it available for sale by another company, so it doesn’t seem to be patented by the company that sells Nia-114.
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Patents also expire. Check the original patent date and see if it has expired or if it is due to expire.
Also, and this one has caught me, patents can be challenged and overturned in many countries, but still exist in other countries. They chap doing my job before me used Monk fruit (Mogrosides) to sweeten toothpaste - only to find the material was under patent in New Zealand, but this patent had been challenged and overturned elsewhere.
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