Everyday IP: UV and IP – the history of sunscreen

While initial breakthroughs were all about holidays and adventures, the next step in sunscreen evolution was a product of the Second World War. In 1944, American pharmacist Benjamin Green used red veterinary petrolatum in a recipe designed to protect fighter pilots from the Pacific sun. After the war, he added cocoa butter and coconut oil, stirred the concoction on his own stove and tested it on his balding head. When he got the formula right, he named it "Coppertone" to celebrate its tanning capabilities. 

Coppertone would go on to become a famous name alongside L'Oréal and PIZ BUIN. While these brands were all about protecting skin, it was time for IP rights to start protecting them.

Clear skies and patent offices

The mid-20th century saw the rise of popular sunscreen brands and the official recognition of sunscreen formulas as IP. This began in the 1950s, when the United States Patent and Trademark Office (USPTO) granted the earliest patents for sun cream inventions that tackled the dangers of UV radiation. 

Sunscreen patent milestones popped up throughout the next several decades, starting with the protection of avobenzone in 1973. This chemical compound was found to be effective against UVA rays and became a common ingredient in broad-spectrum sunscreens. Still, progress did not stop there; in 2022, chemistry professor Marcus Weck and his student Elizabeth Kaufman received a patent for a more photostable avobenzone compound that did not decompose when exposed to sunlight for a period of 24 hours. Yet, before that, there was ecamsule, commercially known as Mexoryl SX, which L'Oréal patented in 1982. Its goal was to prevent premature skin aging and certain cancers by protecting against UVA rays. Patent protection was crucial in allowing L'Oréal to exclusively benefit from its research and development efforts.

However, ecamsule did not receive approval for U.S. utilization until 2006, demonstrating the interplay between patent protection and regulatory approval in bringing health products to market. This relationship has been a factor for decades, starting in 1974 when Franz Greiter refined the Sun Protection Factor (SPF) rating system he had introduced 12 years earlier. The United States Food and Drug Administration officially adopted the measure as a regulatory standard in 1978, establishing guidelines for skincare products that are effective, safe and marketable.

Another milestone for sunscreen appeared in the 1990s with Z-COTE, which was designed for users with sensitive skin, including babies and children. Non-greasy, preservative-free and designed to reduce the pasty appearance of other sun protectors, this invention first appeared in patent filings in 1991 and went on to make sunscreen more accessible and practical for discerning consumers. 

Of course, it was not just patents that helped shape the history of not catching too many rays. Trademarks played a significant role, too, particularly when Plough Inc. acquired Coppertone in 1957 and introduced the "Coppertone Girl" logo. Illustrator Joyce Ballantyne Brand used her own daughter as the model for the now-iconic image of a little girl having her swimsuit pulled down by a cocker spaniel to reveal a prominent tan line. This has gone on to become one of the most recognizable images in sun care history, showing the power of trademarks in building brand recognition and trust. 

Nonetheless, trust is not a "set-and-forget" commodity, particularly in an industry so heavily dependent on continual discoveries and enhancements. For this reason, the marketplace must work to keep up with consumer expectations, particularly when it comes to environmental impacts.

A cloudy day in a sunny story

While the chronology of sunscreen has thus far been bright, one cloudy spot arose in 2020, when the Republic of Palau became the first country to ban sunscreens that are toxic to sea life. Experts found pollutants in the area's habitats and even within animal tissue. This decision, driven by environmental concerns, prompted sunscreen manufacturers to reformulate their products and raised global awareness about the ecological impact of sun protection choices. 

Following Palau's lead, the State of Hawaii enacted legislation in 2021 that also banned sunscreens containing oxybenzone and octinoxate, citing similar fears related to coral reef damage. These regulatory actions demonstrate the increasing intersection of IP and conservation policy, pushing for research into ecologically friendly sunscreens.

The progression of sunscreen is a compelling testament to human ingenuity and the vital role of IP rights in driving change. Patents have protected novel UV filters and formulations, trademarks have built iconic brands and regulatory frameworks have ensured safety and efficacy for consumers. As our understanding of the complex relationship between sun exposure and health continues to deepen, and as sustainable practices gain prominence, the skincare industry will undoubtedly continue to adapt, with IP playing a crucial role in shaping its future trajectory. 

From sunny shores to patent and trademark offices, sunscreen offers a tangible example of everyday IP at work, protecting both our skin and the spirit of innovation. Contact the Dennemeyer team today to learn more about how IP rights contribute to a brighter business future.