Key Takeaways

  • Patenting a hair product requires thorough documentation, a prototype (if possible), and eligibility under USPTO guidelines.
  • Filing a Provisional Patent Application (PPA) is a cost-effective first step, offering temporary protection with "patent pending" status.
  • A Regular Patent Application (RPA) must be filed within one year of a PPA.
  • Consider commercial viability before investing in a patent; alternatives like trademarks and trade secrets may offer stronger protection.
  • Your hair product must be novel, non-obvious, and useful to be eligible for a patent.
  • Common challenges include meeting patentability standards and overcoming USPTO rejections.
  • International patents may be necessary for broader protection.
  • The branding and marketing strategy, including trademarks and domain registration, is critical for business growth.
  • UpCounsel can connect you with qualified attorneys to guide you through the process.

Are you confused about how to patent a hair product? You can get assistance from the U.S. Patent and Trademark Office (USPTO) as it requires patent examiners to assist inventors. Getting a patent requires the following steps:

  1. Document each step of your invention process.
  2. If possible, build a test prototype.
  3. Add your signature and the date at the end of each entry and have two people you trust as witnesses sign your entries.
  4. Make sure that your invention is eligible for patent protection.
  5. Make sure that your invention is unique, unknown, and not for sale.

The USPTO charges $1,500 to issue a patent, so assessing the commercial potential of your product is essential. You need to perform thorough research in your field in the U.S. and abroad for earlier patents to make sure your product is unique.

The USPTO offers you two types of patent applications: a regular patent application (RPA) and a provisional patent application (PPA). Filing for a PPA is less costly and time-consuming and also permits you to claim a “patent-pending process” as you are busy with your invention.

The PPA application fees are $65 for micro-entities, $130 for small entities, and $260 for large companies. You must file for an RPA no more than a year after filing for a PPA as this will allow you to claim a PPA filing date. Filing for an RPA is the first process in obtaining a patent at the USPTO.

Background of Patenting Hair Products

Obtaining a formulation patent can be rewarding to any cosmetic chemist. Not only can you add this to your resume, but you will also be able to have your name in the official documents of the U.S. patent office.

What Makes a Hair Product Patentable?

To patent hair products, the invention must satisfy three main criteria:

  1. Novelty – The formulation or method must be new and not disclosed in any prior patents or publications.
  2. Non-obviousness – The product must not be an obvious improvement or combination of existing inventions to a professional in the field.
  3. Utility – It must have a specific, substantial, and credible use.

Cosmetic hair products often struggle with the “non-obviousness” requirement. For example, simply combining common ingredients in a new scent or texture likely won’t qualify. However, if your formula significantly improves performance or solves a known issue (like reducing breakage while dyeing hair), it may be patentable.

Reasons to Not Patent Your Hair Product

  • It doesn't prevent someone from copying your invention.
  • Patents in the cosmetic industry do not benefit the inventor much.

You can use that money you would have spent on patenting a product in other avenues:

  • Promoting your product
  • Advertising
  • Public relations occasions
  • The packaging of your product
  • Additional efforts in building the brand

If you wish to effectively sell your product, you need to develop a unique trademark. A branding expert and T.M. attorney can help.

Challenges in Patenting Hair Products

Here are common barriers inventors face when trying to patent hair products:

  • Scientific Complexity: Many hair product formulations rely on known ingredients, making it difficult to prove novelty.
  • Subjectivity of Claims: Effects like "shinier hair" or "smoother texture" are difficult to quantify in legal terms.
  • Patent Rejections: USPTO examiners may issue rejections based on prior art or vague claims. These must be responded to through legal arguments or amendments, increasing costs and complexity.

Because of these hurdles, many beauty entrepreneurs choose trade secrets or trademarks over patents for their core business protection.

The First Black Woman to Own a Natural Hair Product Patent

Gwen Jimmere is the first black female to obtain a patent. She developed a hair product for curly and kinky hair. The USPTO gave Jimmere a patent for her Moroccan Rhassoul 5-in-1 Clay Treatment. In just one step, the product cleanses, conditions, deep conditions, and is a leave-in conditioner and detangler. The product is now sold in Whole Foods stores in the U.S. and internationally.

Obtaining intellectual property is essential for your brand as it can assist in strengthening consumer loyalty and brand recognition. Regular interaction with your consumers is essential for building brand recognition. Have discounts, Q&A, and blog interaction, as well as social media interaction.

A business needs to have at least one trademark. The USPTO charges $275 to $325 for registration in this first step of brand protection. Besides patents, there is also an intellectual property named “trade secrets.”

Register your domain name, create excellent search engine optimization, and make certain that no violation to your business's brand or name has occurred. It is important to be careful of the content you share online. You also need to register your business's name and social media handle.

Additional Notable Hair Product Patents

Beyond Gwen Jimmere’s success, several beauty companies have obtained impactful patents:

  • L’Oréal holds numerous patents for hair dye formulations and application tools, often focusing on improved color retention or safety.
  • Olaplex famously patented their bis-aminopropyl diglycol dimaleate compound, which revolutionized hair bonding treatments and led to high-profile litigation with competitors.

Studying these examples can help inventors understand what makes a hair product patentable and commercially viable.

How to Start a Beauty Products Brand

  • Identify your forte and conceptualize your brand, i.e., logo, website, and marketing.
  • Communicate with a lab about your product and ingredients you would like to incorporate.
  • Choose the perfect packaging. Contact beauty buyers to earn a spot in a store's window, and make sure your product is unique. After finalizing your product, it is time to start marketing it.
  • Social Media accounts and sending free samples to the right people is a step in the right direction. Beauty bloggers and writers are some people you can send your free samples to. If they like your product, they will hopefully blog about it on their site. If you work in a beauty salon, you may also consider asking your boss if selling your products to your clients may be possible.

International Patent Considerations

If you plan to market your product outside the U.S., you should consider international protection. There are two key options:

  1. PCT (Patent Cooperation Treaty) Application: Allows you to seek patent protection in over 150 countries through one application, deferring national fees for up to 30 months.
  2. National Filings: You can file directly in countries where you plan to sell, though this can be more costly and complex.

Note: Each country evaluates applications based on its own criteria, so hiring a patent attorney with international experience is advisable.

Additional Ways to Protect Hair Product Innovations

Not all intellectual property needs to be patented. You can safeguard your hair product using:

  • Trade Secrets: If your formulation cannot be easily reverse-engineered, keeping it confidential may be more effective than a patent.
  • Trademarks: Protect your brand name, logo, or even distinctive packaging design.
  • Copyright: Use this to protect instructional videos, product manuals, or marketing content.

Combining these IP strategies offers layered protection that can be more cost-effective than a single patent.

Frequently Asked Questions

Can I patent a shampoo or conditioner formula?Yes, if the formulation is novel, non-obvious, and useful. Common or well-known ingredients must be combined in a unique, innovative way.

How long does it take to patent a hair product?It typically takes 1–3 years, depending on USPTO backlog, complexity of the invention, and whether the application faces rejections or objections.

Do I need a prototype to file for a patent?Not necessarily. You need a detailed written description that allows someone skilled in the art to recreate your invention.

What is the difference between a trademark and a patent?A patent protects inventions (like hair product formulas), while a trademark protects brand identity (like product names or logos).

Can UpCounsel help me find a lawyer for my patent?Yes. You can post your legal needs on UpCounsel to connect with top-rated patent attorneys who can help guide you through the application process.

If you need help with patenting a hair product, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.