Answered on Jan 30th, 2013 at 4:46 PM
Whether or not an invention is patentable depends primarily on two things is it truly novel and unique and is it a non-obvious extension of what has gone before. Also, if the invention is published, which has quite a few definitions but basically means it has been put out into the public domain when offered for sale or actually published as an academic paper, you must file an application in the United States within one year of the publication date and international rights are no longer available. With respect to your body scrub invention, if it is truly novel, is not an obvious extension of what's already in the public domain and has not been published for more than a year, then it might be patentable. The next step would be to consult with patent experts, such as those who reside in our firm, to begin the process of determining whether your invention is patentable, and if so, prepare and file an appropriate patent application.