Innovation in the cosmetics industry - Elaine Eggington Principal Consultant, IP Pragmatics
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Innovation in the cosmetics industry Elaine Eggington Principal Consultant, IP Pragmatics elaine.eggington@ip-pragmatics.com
IP Asset Management –
Our Approach
IP Cost Management IP Value Creation
• Renewal Payments (IPRIS) • Auditing
• Nationalisation • Diligence
• European Validation • Valuation
• Market Assessments
• Business Development
• Partner Identification
• Commercialisation and Deal
Making Support
IP Foundations • Contract negotiation
• Strategy • Business Plans
• Policy • Fund raising
• Training
Clients
Selected Projects
Australian Bioactives – Tasmanian native plant extracts with
anti-ageing properties
University of Bangor – bluebell extracts
Marinova – fucoidan extracts from seaweed for cosmetics
and functional foods
BEACON Project at IBERS, Aberystwyth – investigation of
novel ingredients and uses of products from plants, esp
forage grasses; horizon scanning to identify feedstocks and
end products for the HiPLExSon project
Royal Botanic Gardens at Kew – business case for a
partnership with the Red List Project for a range of ethically
sourced essential oils and fragrances
Innovation in the Cosmetics
Industry
What is innovation?
Types & sources of innovation, current trends
Intellectual property and natural cosmetic
ingredients
Patent landscape
Innovation in natural ingredients
Conclusions
What is Innovation?
matching what is possible
with what is needed
to create economic value or
social good or both
- Prof Roy Sandbach
Innovation in Cosmetics
Ingredients
Product type
Packaging
Production
Formulation
Some Trends
Rise of well-being
Natural with sustainable, fair, ethical sourcing
Ageing consumers, increasing sophistication
Personalisation and smart products
Early tech adoption eg liposomes, nanotechnology
Multifunctional products eg “alphabet creams”,
night-time products
Different forms and textures, eg water-activated or
mixed products, foams, jellies
Cosmeceuticals and scientific evidence
Biotechnology
Sources of Innovation – A Fragmented Market European Cosmetics and Toiletries Industry No. of companies operating in the EU cosmetics industry in 2010: ~4,000 No. of SME manufacturing enterprises in 2010: 3,041 Source: COLIPA Activity Report 2010 – The European Cosmetics Market 2010
Forms of Intellectual Property
Patents
Protection for things (products), processes, etc
Know how
Confidential trade secret
Copyright
Literary and artistic works
Database rights
Protects collection of data
Design rights
Applied to articles and protects what something looks like
Trade marks
Protects goodwill of a business associated with products and/or services.Cosmetic Patents in Context Number of patent publications between 1990 and Jan 2010 for a range of different sectors Source: Trends in patent activity in the cosmetics and perfume sectors. Information note 1. Union for Ethical BioTrade
Patenting Trends
Patent search in Thomson Innovation
Classification codes relating to cosmetics and toiletries +
Search terms relating to extracts or ingredients +
Search terms relating to plants and natural bio-actives
Published in the last 20 years
55,779 patent cases
21,254 INPADOC patent familiesPatenting Trends
Patents published per year
6,000
5,000
4,000
3,000
2,000
1,000
0Research Location
Top Assignees
Territories Protected
Patent Landscape
Claim Language – Novel Extracts
1. An extract of the seeds of Kniphofia uvaria seeds,
obtained by mechanical pressing of said seeds, or by
bringing said seeds into contact with at least one
cosmetically or dermatologically acceptable nonpolar
solvent, and removing said solvent.
1. A composition comprising
a) an extract of the seeds of the plant Buchholzia coriacea and
b) auxiliaries and/or additives, which are common for
cosmetic purposes.Claim Language - Use
1. Use of an active substance or an active substance
mixture, available from plants of the kind Lindera, for the
improvement of the structure of keratin fibers, in
particular the structure of human hair.
1. Extract of Bellis perennis L. for use as a depigmenting
agent in a therapeutic method of depigmenting human
skin.
1. Cosmetic use of kombucha to fight against skin ageing,
in particular to prevent or inhibit the protein glycation,
especially collagen, and to stimulate subcutaneous lipid
synthesis.Claim Language - Combinations
1. A composition comprising at least one Dead Sea extract
and at least one extract of the Himalayan Raspberry (Rubus
ellipticus), an extract of the Goji Berry (Lycium Barbarum),
and an extract of the Iceland moss (Cetraria islandica).
1. A composition obtainable by the method of extracting
plant materials selected from the group consisting of
Mangifera indica and/or Fumaria officinalis and/or Rumex
japonicus.
1. A topical composition comprising
(i) an extract of a first active which is Azadirachta indica; and
(ii) an extract of a second active selected from Momordica charantia or
Sesamum indicum.Claim Language – Production
Methods
1. Process for preparation of a plant extract from plant
material, for the preparation of an infusion including:
a stage of contact between the plant material and a solvent;
at least one stage of extraction in liquid phase of the principal active
ingredients, performed with heating and under low pressure;
a stage of drying of the plant material having undergone at least the
stage of extraction in the presence of the fraction obtained at the end
of at least the extraction stage, in order to allow the fixing of the main
active ingredients onto the plant material.
1. Material of plant origin which is a cell extract obtained by
in vitro plant culture of Oxydendrum arboreum.Claim Language – All of These
1. A method of treating a skin condition comprising topically
applying to skin in need thereof a composition comprising
jaboticaba fruit pulp and/or cashew fruit pulp, or extracts
thereof, wherein the composition increases hyaluronic acid
synthesis and inhibits COX-1 and TNF-a synthesis in the skin.
wherein the water extract is prepared by a process consisting of:
(a) adding stem, root, leave, flower, and fruit of paper mulberry plant
into water to obtain a mixture;
(b) conducting an extraction by boiling the mixture of (a); and
(c) filtering the resulting boiled mixture of (b) to obtain a filtrate,
standing the filtrate, and concentrating the filtrate by distillation under
reduced pressureValue of IP in Natural Cosmetics
Patents
Monopoly right
‘Negative’ right
Value depends on breadth of monopoly
Freedom to Operate more important?
Patent value versus other forms of IP?
Know-how (production, formulation etc)
Data and Regulatory approvals / Certification
Trademark / Brand namePatent Box
New tax regime in the UK from April 2013
Reduces corporation tax on qualifying profits to
10% (worldwide sales)
Products developed in the UK, sold by a UK
company and covered by a granted UK or
European patent
Will give rise to companies having “patent box IP”
Patents with narrow scope
Quick to grant
Little or no monopoly rights valueNatural Ingredients in Cosmetics
Innovation in Natural Ingredients
Any new natural / plant-based ingredient needs
to be able to distinguish itself in terms of:
Scientific data
Supply chain
Cost
Marketing storyConclusions
Innovation comes in many forms from many
sources
Natural ingredients can form an important
distinguishing feature, but face stiff competition
Rising number of patents filed in the sector
Most patents in the sector filed by large
companies; FtoO may be more important
Challenge is to link product efficacy to needQuestions?
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