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By J.D. Houvener
Patent Attorney and Founder

Question: Which U.S. states or territories do not have regulations over ultrasound cavitation, radiofrequency, EMS, and red light therapy? Additionally, in which states or territories can I market and perform treatments without a license?

Response: I’m not entirely sure about the specific states or territories without regulations for these treatments. It used to be Arkansas, but they recently changed their regulations. I have designed a machine that I’m looking to patent and want to know where I can market and perform treatments without a license.

Clarification: It sounds like your question is about who can perform these services rather than whether you can make this product.

Response: Patent law in the U.S. is federal, which means it’s not state-specific. If you hold a patent, you have the exclusive right to make, use, or sell your invention across the entire United States. You can prevent others from making, using, or selling your patented machine, regardless of the state.

However, when it comes to performing treatments, that falls under state regulations. Each state has its own licensing requirements for aesthetic procedures, and you’ll need to check with the specific state’s licensing board to determine if a license is required to use your machine.

Example Scenario: Suppose you have a patent on a new cosmetic applicator that puts on permanent makeup. You might only be authorized to use it in New York. If someone in Alabama wants to use your machine, they need to get approval from their state’s licensing board. If they use your machine without proper licensing, they would be infringing on your patent unless they have bought the machine from you and have a license to use it.

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. at https://boldip.com/contact/