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July 24, 2023
John Rizvi, Esq.

Can I Get a Patent on a Natural Product Such as a Tea, Elixir, Supplement, Edible Ingredient or Food

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My next question comes from Iran. And Iran's question is,

they're trying to make a tea or elixir from a natural product? Is it possible to get a patent for something like that made from a natural product? Can you get a patent on a, on a natural product, so let's go through the four categories first machine, Article of manufacture. So natural product is not a machine, it's not an article of manufacture. Composition, it could be a, considered a composition, and I'll go into details in a second. Or it can be a process. And what I mean by process is that you might not be able to protect you might not be able to protect the the item in its natural form. But if you have a process behind it, to create it from that natural process into a composition, then you absolutely could get protection, a lot of, of the food products and medical products, supplements, they're all made from natural products. But there's a process there's a manufacturing that takes place, it's not it has to be more than a fruit that you can go outside and pick they say, for example, papaya is great as a meat tenderizer. Now, if you take papaya I'll try to, and you can't try to get a patent on a papaya. Because it's you figured out the uses for as a meat tenderizer. However, if you can take this fruit, you can pulverize it, you can produce a powder, and you go through a series of steps. So you have like step 1234. And then after the steps, you get a product. So in that case, you do have your meeting the requirements, possibly one of two things, you either have a composition, and then you can protect that natural product with a composition or you protected as a process. So I don't know details about your key. And I'm in the moment, I'm going to tell you, you absolutely do not want to see me don't want to talk about it now, because this is going to be great review. Because of the first to invent rules are no longer in effect. So even if you have evidence that you invented your tea first, please do not discuss it on air with me or with anybody else. Go on search engines don't search for it, because there's marketing companies that might see search terms. Don't speak to manufacturers be very careful of even friends and family that you discuss this idea with because after 2013 We are on a first to file system. So the first thing to do is to file that application. Again, I think the number in this address Gabby put up so we can schedule a meeting with my firm. We'll do a patent search. We'll see how close your idea is to stuff that's already been patented. And then we can advise you on whether or not it's protectable

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