I have a new use for an existing product, an over-the-counter topical medication.
You need to find a registered patent attorney who can assist you in determining whether the topical medication usage is at all protectible. It is likely it isn't if you apply it the same way but the use is different. Otherwise, the lawyer can help you obtain the necessary licenses to use and repackage under your own label. Many of us offer free initial consultations. Why not use one?
To assist you with patent prosecution, you'll need someone licensed to do so before the USPTO. It's a separate "bar" exam and thus you will need to ensure that your attorney is a registered "patent" attorney. That being said, you may want to make sure that you have a consultation first, as this sort of thing (duly mentioned by Attorney Vaccaro) may not be protectable. The invention (or sometimes, as it seems applies to you, the "method") itself has to be new, useful, nonobvious, etc., things which your patent counsel will be able to advise you on in full detail.
Answers provided by Mr. Robinson are for informational and educational purposes only and by no means constitute legal advice or counseling of any kind.
My colleagues have already placed you in good hands. You need a patent attorney - one who is licensed to practice before the United States Patent and Trademark Office. Since your invention is likely to be in the chemical area, make sure your attorney has some experience in such field, such as chemistry, chemical engineering, biological sciences or related field. Take advantage of the many who offer free consultation.
This is not a legal advice as I do not have an attorney-client privilege with you. You should retain a lawyer before acting on any generally available advice.
You will need an experienced Registered Patent Attorney who has experience in patents for medicaments. Your patent attorney can conduct a patentability search and analysis, and advise you if your new use is indeed patentable, and prepare a patent application, as appropriate.
For more detailed advice, I recommend that you contact an experienced Registered Patent/IP attorney to advise you in confidence about your options and potential costs. Many IP specialty firms, like ours, offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Registered Patent attorney who can assist you.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
You may also want to find someone with FDA experience, depending on what kinds of claims you intend to make about the use of the product.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline