What actually constitutes the IP of a formulation?

Formulating

What actually constitutes the IP of a formulation?

Posted by mikethair on December 3, 2021 at 5:37 am

We formulate various products for other brands. And for this service, we charge a fee. And we are now at the point of charging an additional fee if a client wants to purchase the intellectual Property (IP) of the formulation.

So, is there a widely accepted concept of what actually constitutes the IP of a formulation?

I assume it would include the full list of product ingredients (in INCI format) and their percentages?

Anything else?

Thanks.

MarkBroussard replied 2 years, 11 months ago 6 Members · 8 Replies
8 Replies

Microformulation

Member
December 3, 2021 at 12:28 pm

Manufacturing instructions. Any testing of the Formula. Spec Sheet for the product.
OldPerry

Member
December 3, 2021 at 1:54 pm

Also, a list of appropriate suppliers and specifications for each ingredient.

Really, anything you would need to know to make the product could be part of IP.
Cosmetic_Chemist

Member
December 3, 2021 at 2:56 pm

We usually do not share the suppliers but we do include trade names with the INCI so that they know which ingredients were a blend.

I think it can be as much detail as you want or as little detail you want to provide. As long as they have enough information to recreate the product.

You can send them just the formula, INCI, spec sheets and manufacturing procedure and call it a day.
OldPerry

Member
December 3, 2021 at 3:17 pm
If I were buying a formula, I would want the following.
- Ingredient percentages
- Ingredient names & suppliers
- Ingredient specifications
- Manufacturing procedure (including specific equipment types used)
- Final product specifications
- Packaging specification (if there are any)
- Test data and procedures (including any claims & how they are supported)
- MSDS
- All info needed for EU product dossier
I don’t imagine everyone selling formulas would want to provide this though.
mikethair

Member
December 4, 2021 at 7:08 am
Perry said:
If I were buying a formula, I would want the following.

Ingredient percentages

Ingredient names & suppliers

Ingredient specifications

Manufacturing procedure (including specific equipment types used)

Final product specifications

Packaging specification (if there are any)

Test data and procedures (including any claims & how they are supported)

MSDS

All info needed for EU product dossier

I don’t imagine everyone selling formulas would want to provide this though.
Lol, that’s being realistic. Thanks Perry
mikethair

Member
December 4, 2021 at 7:11 am

Cosmetic_Chemist said:

We usually do not share the suppliers but we do include trade names with the INCI so that they know which ingredients were a blend.

I think it can be as much detail as you want or as little detail you want to provide. As long as they have enough information to recreate the product.

You can send them just the formula, INCI, spec sheets and manufacturing procedure and call it a day.

Yes agreed Cosmetic_Chemist . And I guess the info required very much depends on the buyer, where they are located, and the relevant cosmetic compliance requirements.
Stanley

Member
December 10, 2021 at 4:49 pm

When doing a quantitative report for a client would you include all these details too? Coworker is suggesting that we put actual percentages in place of range.

For the INCI do you just put the RM/Solvent or do you include any preservative like with extracts?
MarkBroussard

Member
December 10, 2021 at 7:41 pm
- Ingredient: INCI Name, Trade Name, Supplier
- Ingredient Percentages
- Manufacturing procedure
- Final Product Specs, Stability Test Results, PCT Test Results
- MSDS
@Stanley - the best approach is the use the INCI provided by the ingredient manufacturer. Often, preservatives in an ingredient are considered processing aids and you are not required to list them in you LOI. But, if they are in the INCI registered by the ingredient manufacturer, then best to list them.