直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

The Beauty Founder’s Guide to Getting a Patent

July 17, 2025

BeautyMatter

While the beauty industry traditionally sees less patent activity compared to technology and pharmaceuticals, it's no less important for brands to protect their innovations. Patents provide crucial legal protection, and recently brands like Lashify have made patent headlines while also bringing the issue to the forefront in the nearly $500 billion beauty industry.

BeautyMatter, an industry-based publication, chatted with Finnegan partner Beth Ferrill about the basics of the patents as well as the nuances of the process.

"A utility patent is going to be one of the most expensive forms of IP to get,” she said.  “It's going to take longer to get and cost more money up front, but if you get it, it can be very beneficial."

Beth further noted, “From the perspective of a potential imitator, determine which features are most likely to be copied, then focus on how to legally protect these key differentiators. You want to focus on the one thing that is most recognizable.”

Another option for protecting innovations is to keep them as trade secrets. However, as Beth said to keep in mind that, “a trade secret is only as good as your ability to keep the secret.”

When filing for a patent, it is essential to act quickly due to the first-inventor-to-file system in the U.S. “There’s no time to waste,” Beth said. “I know there’s a lot of pressure on someone who’s starting a business, but if your product is popular, a bigger company will come along and see that you don’t have protection and decide to enter your market.”

Beth also highlighted the importance of searching for existing patents to ensure the idea is new. “Just because you think that something is new doesn't necessarily mean it's new,” she said. “It’s important to know what the Patent Office calls the prior art, or the inventions that came before.”

While obtaining a patent can be costly, it provides long-term protection and potential profits. “Getting a patent is a bit like an insurance policy,” Beth said. “In the event that your product is not only successful, but someone else chooses to copy it or make something like it, you’re protected.”

Read “The Beauty Founder’s Guide to Getting a Patent”

Tags

utility patent

Related Practices

Prosecution and Portfolio Management

Trade Secrets

Design Rights

Related Industries

Consumer Goods and Services

Consumer Products

Related Offices

Washington, DC

Related Professionals

Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Related News

Press Release

Finnegan Secures Summary Determination of No Violation in ITC Vehicle Space Guards Investigation for Drop Stop

October 6, 2026

Commentary

Federal Circuit Revives Whistleblower Complaint Over VA's AI Claims-Processing Tool

September 25, 2026

Award/Ranking

Finnegan Named an IP Litigation Powerhouse in BTI Litigation Outlook 2027

September 24, 2026

Press Release

Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower

September 23, 2026

Award/Ranking

Finnegan Receives Top Tier Rankings in World Trademark Review’s Inaugural Copyright 1000 2026

September 23, 2026

Commentary

New Thomas Pink Womenswear Lines Strain ‘Pink’ Pact with Victoria’s Secret

September 21, 2026

Commentary

Pepsi's U.S. Trademark Dispute Could Reshape Brand Choices, Lawsuit Strategy, Lawyers Say

September 17, 2026

Commentary

Jellycat’s ‘Dupe’ Dilemma: Can IP Protect a ‘Cute’ Aesthetic?

September 16, 2026

Commentary

Bloomberg Law Q&A with Finnegan IP Lawyer Christian Hurt

September 11, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP