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Tuesday, November 19, 2013 6:35:41 PM
No discernible Pharma angle as Patent Pending technology is a marketing tag that meets the minimum requirement for legal US advertising and marketing claims. A patent application must be filed to make a patent pending claim in marketing materials but In the United States, according to the United States Patent and Trademark Office, the expression "Patent Pending" as such does not protect an invention or utility until the actual patent is published and/or issued.
As far I can tell, the patents pending according to Fuse Science claims are actually patent applications that were filed by Cure Pharm over the last 20 years that have never been successfully issued. Cure Pharm holds a 1 year renewal option on all its patents, patent applications, intellectual property and proprietary formulas with a 60 day notice of cancelation requirement.
I cannot find proof of a single enforceable patent in which Fuse Science either holds in its portfolio or licensing rights to. According to US law, proprietary formulas are not eligible for patent protection. Not even Coke nor Pepsi. If Fuse Science wishes to market an energy drink with the exact formula of 5 hour Energy, they may do so without recourse or penalty according to US law.
Licensing deals with Macular? Let's just compare with MSLP licensing deal with Arnold Schwarzenegger. MSLP actually loses money on the Arnold line after the cost of goods and license fee due Arnold. Why does MSLP market the line? It is a loss leader that the company feels generates a benefit in market awareness and trust. The bottom line benefit is not quantifiable at this time. Fuse Science licensing deal with Macular looks as though it is structured with the same loss leader intentions.
Food for thought.
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