Colgate Accused of Stealing Thousand-Year-Old Toothpaste

Fox News (Orlando) ^ | Updated: Thursday, 21 Oct 2010, 11:18 AM EDT | (NewsCore)

[Texas Fossil]

(NewsCore) - A legal dispute between the U.S. and India over a herbal toothpaste was leaving a bitter aftertaste between the two countries Thursday, with Colgate Palmolive accused of filing a bogus patent.

Colgate, the world’s largest producer of toothpaste, patented a toothcleaning powder in the hope that it would take the multibillion-dollar Indian oral hygiene market by storm.

However, Indian activists claim that the patent is bogus because the ingredients -- including clove oil, camphor, black pepper and spearmint -- have been used for the same purpose for hundreds, “if not thousands,” of years on the subcontinent.

[Texas Fossil]

Don't know the details but this sounds like the mess that W.R. Grace got into over the "neem" oil insecticide. Patent on that one was granted in U.S. to be overturned by foreign courts due to "prior art" claims.

Licensing life forms and naturally occuring compounds seems insane to me. If you did not "create it" how can you patent it?

[E. Pluribus Unum]

If you did not "create it" how can you patent it?

My lawyer's bigger than your lawyer.

[a fool in paradise]

[GeronL]

I am sure its open source after 1000 years

[Red Badger]

[a fool in paradise]

However, Indian activists claim that the patent is bogus because the ingredients -- including clove oil, camphor, black pepper and spearmint -- have been used for the same purpose for hundreds, “if not thousands,” of years on the subcontinent.

Add more Red Dye #2 then. That's artificial.

[Texas Fossil]

Yep, mine too.

He actually “created” unlike all imitations.

[Texas Fossil]

Add more Red Dye #2 then. That's artificial.

The article said their claim was they had added "iron oxide" (rust). Now THAT is a creative move. /sarcasm

[GSWarrior]

This buzz over this story has yet to crest. I bet lawyers on both sides have a gleam in their eyes.

[BlueLancer]

"This buzz over this story has yet to crest. I bet lawyers on both sides have a gleam in their eyes."

I guess you've got to be purer than Caesar's wife when you're in this business. In fact, you've got to be whiter-than-white ... Ultrawhite!

[Texas Fossil]

Imagine an evaluation of the “cost” of litigation to the U.S. economy? If the true number were known it would dumbfound the consumer.

[DeFault User]

I see politics in your future as you obviously have no shame.

It was pretty damn good though. :O)

[WayneS]

“Best if Used By Oct. 21, 955”

[Calvin Locke]

Don’t you mean “Gleem”?

[bitterohiogunclinger]

After the unfortunate “brouhaha” over the use of the “Schlitz” brand-name for razor blades instead of malt liquor their layers have been more careful.

[Still Thinking]

Colgate Accused of Stealing Thousand-Year-Old Toothpaste

If I had 1,000 year old toothpaste and someone stole it I'd probably send him a thank you card. Shoot, I can't eat stuff that's been in the fridge for two weeks.

[Moltke]

If you did not "create it" how can you patent it?

When you find a novel and non-obvious (patent law terms) application for a known substance you can obtain a valid patent for that particular application. Happens quite often in the field of medicine, for example.

Simplifying, there are two types of patent claims: Device/substance claims and method/application claims.

In fact, the great majority of patents are granted for claims that build on known matter. One further, distinguishing feature may be enough for patentability. Do not ever expect any "journalist" to "get that".

[SunkenCiv]

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