In reference to the patent: EP2536392A2

I did not even know this had a patent until I searched for it. Have a Similar product but the way to use the product is different. It is in a cream format with lesser ingredients but a couple of different ingredients and two ingredients are the same. Can I still get the patent?

1 Answer 1


Yes, a different combination of ingredients (possibly including a range of ingredient ratios to comprise a formula) and a specific application are enough to ensure novelty. You will want to cite this patent in your own application in order to make the examiner aware that you are attempting to create a different product.

Here is a similar case where a patent was issued based on a novel ratio of ingredients, with prior art (existing patents) covering the same application using each of the individual ingredients.

  • 2
    Note that novelty alone is not enough to obtain a patent; the composition must also be non-obvious. The determination of obviousness depends a lot on details that OP hasn't supplied. Citing an allowed patent application is nearly useless as the PTO's allowances aren't binding precedent. One would need to find case law that is actually binding on the PTO, such as CAFC decisions.
    – Atsby
    Commented Jul 18, 2015 at 23:12
  • 1
    @Atsby Yes, you are absolutely right. I wanted to keep my answer within the scope of the question without asking for additional information.
    – Parker
    Commented Jul 18, 2015 at 23:53

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