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KMID : 0604520140400020215
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Journal of the Society of Cosmetic Scientists of Korea
2014 Volume.40 No. 2 p.215 ~ p.219
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A Study of Patent Examination Practice for the Use Claims of Cosmeceuticals
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Lee Mi-Jeong
Park Jung-Min
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Abstract
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In Korean Cosmetic Act, four uses of functional cosmetics are recognized: skin whitening, anti-wrinkle, UV protection or suntan. Cosmeceuticals, one of the functional cosmetics, have been specifically developed for medical and cosmetic benefits. However, the uses of cosmeceuticals in patent applications are not limited to those of functional cosmetics, and the number is increasing with variety of medical use claims such as anti-inflammatory, prevention of hair loss, or obesity in cosmeceutical patent applications. Since some of the cosmeceutical use claims are not clearly distinguished from medical use claims in pharmaceuticals, there has been a controversy over the extent of granting patents regarding the medical use of cosmeceuticals. In this article, we have investigated the range of medical uses in patented claims of functional cosmetics, summarized examiners’ views and discussed the examination practice of cosmetic-related inventions in the United States, Europe, and Japan.
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KEYWORD
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Functional cosmetics, Cosmeceutical, Patent, Claim, Medical use
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