Biodegradable by design: Patent strategies for microplastic-free formulations

The shift away from microplastics is catalysing intensive reformulation efforts in modern cosmetics, where the technical challenge lies in creating biodegradable polymers that meet both regulatory and commercial expectations. The shift is being driven by Commission Regulation (EU) 2023/2055, which restricts the use of synthetic polymer microparticles (microplastics), yet manufacturers must still meet consumers’ high expectations for product feel and performance.

Where chemists previously selected polymers solely for their stability and sensory profile during use, they must now operate at a level of proficiency where “end-of-life” degradation is a primary design constraint. It is no longer sufficient for an ingredient to perform well on the skin; it must be engineered to biodegrade once it enters the water system.

As we are deep into the transition periods, with the ban on microbeads having already taken effect in October 2023, and the countdown running for rinse-off (2027) and leave-on (2029) products, cosmetic companies are no longer just considering alternatives but also establishing entire intellectual property strategies surrounding them. Simply removing microplastics is not enough. The industry must strive to provide a product that maintains the luxurious texture and efficacy consumers expect, whilst protecting the technical solutions they develop.

The regulatory baseline

The restriction covers synthetic polymer particles below 5 mm that are organic, insoluble, and resist degradation. These restrictions relate not only to “beads” but to functional polymers used for opacifying, skin-conditioning, and texturising.

Given that the industry is operating under strict deadlines, it is no longer viable to “wait and see” what alternatives are developed. Innovators are now operating at a level of proficiency where compliance is the baseline, and performance is the differentiator.

Innovation by the cosmetics industry

The patent landscape reveals a proactive stance from both consumer giants and major chemical suppliers towards solving the technical challenges of biodegradability without compromising on sensory feel.

Japanese materials science expert Daicel Corporation has developed a solution to the “roughness” often associated with natural alternatives. US patent application US 2025/0073134 A1 (published March 2025) discloses biodegradable spherical particles with highly controlled sphericity.

Unlike irregular ground pits or seeds, Daicel’s process creates consistently round cellulose acetate beads. This specific morphology is considered critical for the “rolling effect” on skin, the tactile sensation that consumers equate with high-end, silky creams. By achieving a biodegradation degree of over 40% within just 5 days, Daicel provides a solution that is both luxuriously effective and environmentally reasonable.

French beauty company L’Oréal have addressed the need to replace microplastic thickening agents with US patent application US 2024/0398688 A1, published in December 2024. In this application, L’Oréal discloses anhydrous compositions where conventional microplastic thickening agents are replaced with specific cellulose particles.

Crucially, they aren’t just swapping ingredients; they are engineering the particle size (specifically untreated cellulose ≤3.5 µm) to ensure the formulation retains its “spreadability” and matte finish. This moves the technology towards the upper end of the value chain, ensuring that “green” does not mean “gritty”.

Replacing the “slip” of silicone elastomers is technically demanding. European patent application EP 4 534 585 A1 (published April 2025), by Shin-Etsu Chemical Co., Ltd. and Nissin Chemical Industry, addresses this with a hybrid solution.

They describe cellulose-siloxane composite particles – essentially coating a biodegradable cellulose core with a silicone shell. This imparts the necessary water repellency and “slidability” that consumers associate with premium cosmetics, while significantly reducing the non-degradable polymer load.

Commercial and IP strategy

As the cosmetics industry moves away from traditional microplastics, the most successful replacement products will be those backed by robust intellectual property that specifically addresses the new regulatory requirements, namely biodegradability and solubility, without sacrificing sensory performance.

Navigating this intersection of complex polymer chemistry and evolving regulatory compliance requires a distinct level of proficiency. At Venner Shipley, we are well-versed in the technical nuances of these sustainable alternatives. We understand that securing protection for such innovations is fundamentally important for maintaining market position. Whether you are reformulating established product lines or developing novel biodegradable polymers, our team is positioned to provide the strategic advice necessary to ensure your intellectual property is as resilient as it is compliant.

References

Commission Regulation (EU) 2023/2055 of 25 September 2023.

US 2024/0398688 A1 (L’Oréal): Anhydrous cosmetic composition.

US 2025/0073134 A1 (Daicel Corporation): Biodegradable spherical particles and production method therefor

EP 4 534 585 A1 (Shin-Etsu Chemical Co., Ltd.): Cellulose-siloxane composite particles.