The dietary supplement industry moves quickly. New formulas hit the market every day, and standing out takes more than a great idea—it takes protection. If you’ve developed a unique supplement or manufacturing process, a patent can help keep competitors from copying your work. At Gearhart Law, we work with businesses and inventors to help protect what they’ve created and move forward with confidence.
Can You Patent a Dietary Supplement?
Yes, but it depends on what you’re trying to protect. While natural substances on their own usually can’t be patented, a unique combination of ingredients or a new method of using them may qualify. Even if your product contains common ingredients, the way you put them together or how they’re delivered could make your supplement patentable.
What you may be able to patent includes:
- A novel formula or composition
- A new method for producing or using the supplement
- A delivery mechanism that hasn’t been used before
We can help assess your product and determine whether it meets the requirements for patent protection.
Types of Patents That May Apply
There isn’t just one type of patent, and the right option depends on what you’re aiming to protect. When it comes to dietary supplements, you might consider:
- Utility patents – These cover how your supplement works, what it’s made of, or how it’s used. If you’ve developed a new composition or use, this is often the best fit.
- Design patents – If you’ve created a unique capsule shape, packaging, or container, design protection may apply.
- Process patents – These protect the specific way your supplement is made, especially if your process results in better absorption or stability.
In some cases, you might decide to keep parts of your process as a trade secret instead of filing for a patent. We’ll talk through what makes the most sense for your business.
Steps to Secure a Dietary Supplement Patent
The process of getting a patent takes time, but we can walk you through it. Here’s how it typically works:
- Patent search – We start by checking if a similar idea has already been patented.
- Eligibility review – If your idea is new and useful, it may qualify.
- Application drafting and filing – This is a detailed legal document, and how it’s written matters.
- USPTO review – The Patent Office may raise questions or request changes. We handle responses and help you stay on track.
Waiting too long to file can limit your options, especially if your product is already on the market. Reach out early, even if you’re just starting production or still in development.
Why Patent Protection Matters for Supplement Companies
In a crowded market, a patent does more than stop copycats. It’s also a valuable business tool. With patent protection, you can:
- Block competitors from using your invention
- Increase the value of your company
- License your patent to others for revenue
- Build stronger partnerships and investor confidence
Whether you’re a new startup or a growing brand, a patent can give you room to expand without worrying about someone else taking your idea and running with it. We’ll help you build the foundation to support long-term growth.
Contact Our Experienced New Jersey Dietary Supplement Patent Attorneys
At Gearhart Law, we’ve helped supplement companies, product developers, and entrepreneurs protect their ideas. We take the time to learn about your goals and explain your options. Whether you’ve already launched a supplement or you’re preparing to enter the market, we’ll help you figure out the best way to secure your competitive edge. Ready to talk about patent protection for your supplement? Contact Gearhart Law today to schedule a consultation. We’ll help you move forward with the peace of mind that your product is protected.
Gearhart Law is based in Summit, NJ, and also serves clients in Millburn, Westfield, New Brunswick, Springfield, Millburn-Short Hills, New Providence–Berkeley Heights, Chatham, Madison, Cranford, Maplewood, and all of New Jersey. We also assist clients internationally with their IP needs.