Let’s start by clarifying: what is a patent?
A patent is the right to the exclusive use of an invention for a specific period of time, within the territory of a country or countries, granted by a competent national, regional or international authority.

How long, on average, does research take before applying for a composition's patent?
Sometimes a few months, sometimes a few years. What is important is that we may not know that the result of our research has an inventive level. We publicise the results of our work at congresses, in publications and then implement them in products. In this situation, patent coverage will not work [more in the box on p. 54 – editor’s note], as we disclosed and described the research carried out before the date of the first patent application.

Are patents in the cosmetics industry only about combining two substances?
Absolutely not. Demonstrating the synergy of compounds used in cosmetics is just one of many examples of patent-protected solutions. For example, it is possible to develop a new active substance, a technology for its delivery and/or penetration through the stratum corneum, a system for stabilising the substance system to prevent, for example, degradation over time, or a new application of a substance already known to the market. In the cosmetics industry, innovation is understood as the implementation of new formulations, ingredients, ways of producing cosmetics, often in response to changing market and consumer needs.

What is the most difficult part of working towards a patent? Is it individual or team work? How long does it last?
It is crucial to demonstrate the non-obviousness of the solution, especially when thinking about ways of delivering substances deep into the epidermis or emulsion stabilisation technology. A lot is already known in this area and it is challenging to describe an invention that will not be obvious to an expert in the field. The Patent Office examines whether the invention meets the formal and substantive requirements and identifies obstacles to patent protection. Such exchanges of opinions, calls for supplementary documents, modification of the scope of protection or clarification of evidence can take up to several years. It is important to remember to inform the Office on time and in accordance with the procedure, as any oversight may result in rejection of the application. And it cannot be resubmitted. The invention is developed by a team of people. Some of them do not know that their work will result in obtaining patent coverage for the solution. This is because the fewer people who know what we are working on, the less likely anyone is to find out about it. Even a conversation over coffee can be an obstacle to obtaining protection for an invention. Therefore, special care must be taken.

What does a patent application contain?
A patent application has a specific structure. To make an application, you must prepare and send electronically:

• patent application,
• description of the invention (detailed and comprehensible),
• patent claims (i.e. scope of protection),
• technical drawings (if required),
• abstract (short summary of the invention description).

One of the most recent patents granted to Dr Irena Eris relates to the composition of ellagic acid and glabridin, its use, manufacture and production. It is used in the Pharmaceris W line of dermocosmetics. What does this composition do and how has its effectiveness been proven?
Our research has shown that the combination of glabridin and ellagic acid allows for the unexpected effect of a tenfold increase in skin brightening properties compared to the effect of glabridin alone. Such a synergistic effect has not yet been described or exploited in skincare products recommended for uneven skin tone. We conducted in vitro tests [in a test tube, i.e. on skin cells – editor’s note] on the efficacy of single substances and in a complex, and then technologists developed suitable cosmetic masses for testing with volunteers who have skin with hyperpigmentation of various backgrounds. We presented the results, after filing a patent application, showing the effectiveness in reducing skin discolouration at international dermatology conferences in 2022 and 2024.

What does patenting provide? What benefits does it bring to the brand?
Above all, it is prestige, proof of innovation, technological superiority and a strategic business tool that can have a real impact on a company’s market position, revenues and visibility. It provides a monopoly, i.e. market exclusivity and independent exploitation of markets. On the financial side, it increases the company’s valuation for investors or at listing, placing the company among the leaders in innovation.

Does a patent filed in Poland apply only in our country? Is it granted for life or for a limited period?
Applications can be filed domestically, at the European Patent Office, EPO or at the International Bureau of the World Intellectual Property Organization, where patent protection can apply in as many as 153 countries. An invention filed in Poland is valid only within the country for a maximum period of 20 years, subject to payment of annual fees indicated by the Office. In the cosmetics industry, we expect to see an increase in patent acquisition activities, if only to combat the huge market for product copying. Furthermore, patents are and should be used as a strong tool to protect the intellectual property of cosmetic manufacturers.

Under special supervision
For an invention to be patentable, it must meet three requirements simultaneously:

• must be new – it must not have been made available, described or presented to the public anywhere in the world before,
• must be inventive in nature, the so-called non-obviousness of the solution, i.e. it should not be clearly derived from what is already known to science, it must not be obvious to a specialist in the field,
• must be suitable for industrial use.

If the above criteria are met, we proceed to the relevant description of the invention and application to the Patent Office.