Answered on Jan 15th, 2013 at 10:38 AM
According to the newly adopted Smith-Leahy patent reform act, in order to patent a new formulation, public disclosure actions taken prior to application filing can make it impossible to obtain a valid US patent on the formulation. These actions will be relevant in determining patent eligibility for any future modified formulations. In order to obtain patent protection, an inventor/entrepreneur should consider filing prior to any sale or disclosure activities. A provisional application may be worth considering. Naturally, there are unique particulars surrounding each situation. You should discuss these with your patent attorney.