How do I patent an herbal formula?

Dear Inventor, To be patentable - your mixture of herbs and spices must be (1) new, (2) useful, and (3) not-obvious in view of other such products. First, new - never before made. You should search for other mixtures on the internet - Chinese Medicines are often mixtures like this. Other traditional medicines may be relevant too. Second, useful - it sounds like the mixture is useful. Third, not-obvious - this is the hard one. If others have come close to your mixture, you might be an obvious variation from the earlier work. A patent search (www.uspto.gov) might help you see what is before you. Finally, if you have already sold this or otherwise disclosed it to the public - you only have one year in which to file your patent application.

You apply to the U.S. Patent and Trademark Office for a patent on your formula. You will need to provide the formula for your product and check to see if anything similar to your idea has already been patented. Since you are claiming various health benefits from your product, you may also need to get it approved by various government agencies. Many people choose to work with a registered Patent Attorney or Agent. Obtaining a patent can be very expensive and many applications are rejected by the USPTO. I recommend consulting with a patent attorney before you submit an application.

As an initial matter, an "herbal formula" is patentable subject matter because it is a composition of matter and it has use (utility) as you have indicated. Though your invention is patentable subject matter, it may not be patentable if it is anticipated or obvious in view of what others have already done prior to your invention (the "prior art"). So, a good starting place would be to commission a novelty (or patentability) search to see if your invention has not already become public domain or rendered obvious. Novelty searches are never 100% accurate, but it will give you some confidence as to whether or not your invention is patentable in view of representative prior art. If the search is favorable, you should engage a patent attorney to prepare, file and prosecute your patent application in the United States Patent and Trademark Office and/or internationally.