The Patentability Of Cosmetics

Science and technology is the primary productive force and patents are thevane of the development of science and technology. The TRIPS Article27:patents shall be available for any inventions, whether products or processes,in all fields of technology, provided that they are new, involve an inventivestep and are capable of industrial application. It means the protection ofpatents is available for all inventions.Cosmetics, the member of ‘all fields of technology’, doesn’t seem to beimpacted on seriously by Patent Law of the People’s Republic of Chinawhose first version came into effect on Apr.1st,1985and second versionwas released in2008. However, after some companies including P&G andBawang Group try to apply for the cosmetics patents and the State andAdminstration for Quality Supervision and Inspection and Quarantine,together with the National Standards Adminstration Commission issued thenational standard of Instruction for use of Consumer products–Generallabeling fir cosmetics（GB5296.3—2008）,the cosmetics field waved a lot. Actually, either applying for the cosmetics patents or labeling the cosmeticsall composition is an international regulation which has been implementedcommonly in developed countries. Under these circumstances, regardingChina is always in a passive position in the cosmetics field, our nationalcosmetics brands will have to be at the forefront of the patent rights lawsuit.Therefore, researching the patentability of cosmetics is the necessary step inthe development of national cosmetics industry.Whereas, this thesis consists of four chapters from which the patentability ofcosmetics will be discussed.On the base of patent types, the cosmetics patentability is discussed in thefirst chapter. The second chapter is mainly about the recent situaion ofprotection for the cosmetics research achievements. On the view of thepracticability, novelty and creatitive of cosmetics, the cosmeticspatentability is analysed in the third chapter. The forth chapter will have aforeground of cosmetics patent protection.