FORM 2
THE PATENT ACT 1970
(39 of 1970)
&
The Patents Rules, 2003
COMPLETE SPECIFICATION
(See Section 10, and rule 13)
1. TITLE OF INVENTION
COSMETIC FORMULATION CONTAINING A WATER-INSOLUBLE AMPHIPHILIC
COPOLYMER AS A THICKENER
2. APPLICANT(S)
a) Name : COATEX
b) Nationality : FRENCH Company
c) Address : 35, RUE AMPÈRE,
69730 GENAY,
FRANCE
3. PREAMBLE TO THE DESCRIPTION
The following specification particularly describes the invention
and the manner in which it is to be performed : - 2
The present invention concerns cosmetic formulations containing as a thickening agent comb structure amphiphilic copolymers that are both rich in hydrophobic monomers and in polyalkylene glycol monomers. They present in the form of solid particle dispersions in water, the mean molar mass by weight of which is in the order of millions of grams per mole. Once they are transformed into salts, they acquire a water-soluble character and allow the efficient thickening of a cosmetic formulation containing them, particularly for a pH between 5 and 7. This predestines them to cosmetic formulations for skin application, such as notably make-up and body care products.
A number of cosmetic formulations consist mostly of water and a non-aqueous phase, in particular with a base of oils, waxes, surfactants, solvents or other excipients. These include creams, foaming agents, makeup products, etc. that may be designated by the expression cosmetic formulations for skin application, in the sense that they are intended to be applied to the skin. Quite naturally, an attempt is made to thicken such formulations in the pH range corresponding to that of the skin, i.e. values between 5 and 7, and preferentially between 5 and 6.5, very preferentially between 5.5 and 6.
There are a certain number of technical solutions to this problem which can be classified into 4 categories: the implementation of polymers of high molecular weight and in the powder form, the so-called "back acid" technique based on acrylic polymers in direct emulsion of polymer particles in water, the implementation of other polymers always in the form of direct emulsions, and finally the use of water-in-oil emulsions.
In the first category, reference can be made to document EP 1 138 703 A1 which describes a topical cosmetic composition including a high molecular weight polymer based on at least one monomer possessing a strong free acid function copolymerized with at least one esterified monomer and terminated by a hydrophobic group with 8 to 30 carbon atoms. The above-noted polymer is an emulsifying polymer in the solid form; it can be dispersed in water, and it enables the thickening of the composition that contains it, notably for pH values in the neighbourhood of 5.
However, these polymers have the disadvantages of the use of a powder: difficulties with transportation and cleaning, dangerousness of the product in relation to its powdery, irritating and particulate character. In addition, these polymers must be made soluble in the medium to 3
be thickened by the introduction of surfactants. These surfactants are additional formulation additives that make the formulation more complex and can interact with surfactants already contained in the said formulation, sometimes creating adverse effects (including phase separation, formation of residual insolubles).
Also known is the so-called "back-acid" technique, as described in document WO 01 / 76 552. This is a process consisting of introducing a surfactant and an inflatable acrylic alkali copolymer into an aqueous medium. The latter leads to a thickening effect when its carboxylic acid groups are neutralized: There is then the creation of a three-dimensional network which leads to an increase in the viscosity of the aqueous phase. Such an effect can be triggered in a pH range in the neighbourhood of 6, the role of the surfactant being to maintain the thickening effect even when the pH is decreased.
To the above-noted mechanism can be added an associative mechanism based on the presence of a hydrophobic monomer: This is what is described by document WO 03 / 62 288 which also aims at thickening acidic pH formulations. The same is true for document US 4 529 773 A1. As with the back-acid method, the presence of a surfactant in the form of an additional product is therefore necessary, resulting in the disadvantages already mentioned.
Also known are a certain number of documents that describe the implementation of other polymers in emulsion. As such, document EP 0 824 914 B1 describes a polymer containing a cationic amino monomer. The desired thickening effect will be obtained at an acidic pH via the ionization of the cationic amino monomer. In document WO 2004 / 024 779, the cationicity of the proposed polymer is provided by an amino-substituted vinyl monomer. Thickening an acidic pH aqueous medium is also achieved here. However, the toxicity of cationic polymers to aquatic wildlife is well known: now they are unfortunately found at the end of the life cycle in our rivers and tributaries into which they are discharged via the domestic wastewater system.
Finally, water-in-oil emulsions and their applications as thickening agents are known in the field of cosmetics, as disclosed in documents WO 2004 063228 A1 and GB 2 422 605 A1. Nevertheless, these structures require the presence of surfactants and solvents to ensure their stability, and the disadvantages mentioned above are then encountered. 4
Also, continuing her research aimed at thickening aqueous compositions, particularly at pH levels below 7, while lessening the impact of the disadvantages of the methods of the prior art, the Applicant has developed a thickening process using original structures: these are non water-soluble copolymers with a comb structure having a (meth)acrylic skeleton on which are grafted side chains containing at least one hydrophobic monomer of the styrene type or its derivatives or (meth)acrylic ester on C1 to C4, and at least one hydroxy or methoxy polylakylene glycol monomer.
The levels of comonomers are such that these copolymers are amphiphilic: they are both rich in hydrophobic monomers and n monomer polyalkylene glycols. They present in the form of solid particle dispersions in water, with their mean molar mass by weight being between 1,000,000 and 15,000,000 g/mol. Once they are transformed into salts, these polymers increase their solubility in water. They were mentioned for the first time in not yet published French Patent Applications filed under the numbers FR 10 56658 and FR 10 56659. These structures are obtained by conventional polymerization processes using known initiators (see for example documents EP 1 981 920 A1 and EP 0 819 704 A1).
These copolymers allow the effective thickening of an aqueous formulation at a pH less than 7, including a cosmetic formulation containing an aqueous phase and a non-aqueous phase intended for a cutaneous application.
Also, a first object of the present invention is a cosmetic formulation containing an aqueous phase and a non-aqueous phase and characterized in that it contains at least one amphiphilic non-water-soluble comb copolymer consisting of, expressed in % by weight of each of the comonomers:
from 30% to 60% of at least one hydroxy and/or methoxy polyalkylene glycol monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating the methacrylate or methacrylurethane function,
R' designating a hydroxy or methoxy, group,
5
from 20% to 60% of at least one hydrophobic monomer chosen from styrene and paratertiobutylstyrene, and the (meth)acrylic esters with 1 to 4 carbon atoms on the ester group,

from 0.1% to 10% of at least one monomer which is acrylic and/or methacrylic acid,

from 0 to 15% of an associative monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating a polymerizable function, preferentially the methacrylate or methacrylurethane function,
R' designating an alkyl or aryl or alkylaryl group with 8 to 36 carbon atoms, linear or branched,

from 0 to 5% of a monomer with at least two ethylenic unsaturations,

the sum of the percentages a), b), c), d) and e) being equal to 100%.
This formulation is also characterized in that the said copolymer presents a mean molar mass by weight of between 1,000,000 and 15,000,000 g/mol, preferentially between 1,000,000 and 6,000,000 g/mol as determined by GPC. Reference will be made to the measurement technique described in document WO 07 / 069037 A1.
The said copolymer is obtained by the known methods of conventional free radical copolymerization in solution, in direct or inverse emulsion, in suspension or precipitation in suitable solvents, in the presence of known starters and transfer agents, or again, by processes of controlled radical polymerization such as the method known as Reversible Addition Fragmentation Transfer (RAFT), the method known as Atom Transfer Radical Polymerization (ATRP), the method known as Nitroxide Mediated Polymerization (NMP), or again, the method referred to as Cobaloxime Mediated Free Radical Polymerization. 6
It is obtained in the acid and possibly distilled form. It can also be partially or totally neutralized by one or more neutralization agents preferentially selected from the hydroxides of sodium and potassium and their mixtures.
This formulation is also characterized in that it includes from:
10 to 99.9%, preferably 15 to 99.5%, more preferably 20 to 90%, and better still 50 to 70% by weight with respect to its total weight, of the aqueous phase,

0.1 to 90%, preferably 0.5 to 85%, more preferably 10 to 80%, and better still 30 to 50% by weight with respect to its total weight, of the non-aqueous phase,

the sum of a) + b) being equal to 100%.
This formulation is also characterized in that it includes 0.05 to 10%, preferably 0.05 to 5%, more preferably 0.05 to 2%, and even better, 0.1% to 1% by dry weight with respect to its total weight, of said amphiphilic comb copolymer.
This formulation is also characterized in that its non-aqueous phase is composed of bodies that are non-miscible in water, liquid fats at room temperature (25°C) and/or solid fats at room temperature such as waxes, pasty fats, gums and their mixtures. These fats can be of animal, vegetable, mineral or synthetic origin. In addition, the aqueous phase may contain lipophilic organic solvents.
This formulation is also characterized in that it can also contain in a particular phase, pigments and/or nacres and/or fillers commonly used in cosmetic compositions.
This formulation is also characterized in that it can also contain other colouring materials chosen from among the water-soluble dyes or fat-soluble dyes that are well known to the person skilled in the art.
This formulation is also characterized in that it can contain an additional polymer which is a film-forming polymer. According to this invention, a "film-forming polymer" means a 7
polymer capable of forming alone or in the presence of a filmification auxiliary agent, a continuous and adherent film on a support, including on keratinic materials.
This formulation is also characterized in that it can contain at least one surface active or emulsifying agent.
Finally, this formulation is also characterized in that it can contain ingredients commonly used in cosmetics, such as vitamins, perfumes, nacrating agents, gelling agents, trace elements, softeners, retention aids, alkalinizing or acidifying agents, preservatives, solar filters, antioxidants, anti hair loss agents, anti-dandruff agents, propellant agents, ceramides, foaming agents, emollients, humectants, texture agents, brighteners, anti-aging agents, moisturizing agents, anti-stress and/or soothing agents, dermoprotective agents, or their mixtures.
A second object of the present invention is the use in a cosmetic formulation such as noted above of at least one non-water soluble amphiphilic comb copolymer constituted of, expressed in % by weight of each of the comonomers:
from 30% to 60% of at least one hydroxy and/or methoxy polyalkylene glycol monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating the methacrylate or methacrylurethane function,
R' designating a hydroxy or methoxy, group,

from 20% to 60% of at least one hydrophobic monomer chosen from styrene and paratertiobutylstyrene, and the (meth)acrylic esters with 1 to 4 carbon atoms on the ester group,

from 0.1% to 10% of at least one monomer which is acrylic and/or methacrylic acid,
8
from 0 to 15% of an associative monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating a polymerizable function, preferentially the methacrylate or methacrylurethane function,
R' designating an alkyl or aryl or alkylaryl group with 8 to 36 carbon atoms, linear or branched,

from 0 to 5% of a monomer with at least two ethylenic unsaturations,

the sum of the percentages a), b), c), d) and e) being equal to 100%,
as a thickening agent of the said formulation.
This utilisation is also characterized in that said formulation has a pH less than or equal to 7, preferentially between 5 and 6.5, very preferentially between 5.5 and 6.
A last object of the present invention is a thickening process for a cosmetic formulation by the introduction to it of at least one non-water soluble amphiphilic comb copolymer constituted of, expressed in % by weight of each of the comonomers:
from 30% to 60% of at least one hydroxy and/or methoxy polyalkylene glycol monomer with the formula R – (EO)m – (PO)n – R', with:
m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating the methacrylate or methacrylurethane function,
R' designating a hydroxy or methoxy, group,
9
from 20% to 60% of at least one hydrophobic monomer chosen from styrene and paratertiobutylstyrene, and the (meth)acrylic esters with 1 to 4 carbon atoms on the ester group,

from 0.1% to 10% of at least one monomer which is acrylic and/or methacrylic acid,

from 0 to 15% of an associative monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating a polymerizable function, preferentially the methacrylate or methacrylurethane function,
R' designating an alkyl or aryl or alkylaryl group with 8 to 36 carbon atoms, linear or branched,

from 0 to 5% of a monomer with at least two ethylenic unsaturations,

the sum of the percentages a), b), c), d) and e) being equal to 100%.
This process is also characterized in that the pH of the said formulation is less than or equal to 7, preferentially between 5 and 6.5, very preferentially between 5.5 and 6.
The following examples will allow a better understanding of the invention, without however limiting its scope.
EXAMPLES
Example 1
This example deals with the thickening at a pH value of 5.5 of a cosmetic composition which is a body nourishing cream.
It begins by the preparation of a formulation from the following 2 phases A and B. 10
Phase A:
- DC345 (Dow™ Corning) (5.0 g)
- DC200/100CS (Dow™ Corning) (4.0 g)
- Emulium Delta (Gattefosse™) (3.0 g)
- MOD (Gattefosse™) (3.0 g)
- Labrafac CC (Gattefosse™) (3.0 g)
- IPP (Brenntag™) (3.0 g)
- Phenonip (Clariant™) (0.5 g)
Phase B:
- water (QS 100 g)
- Thickener to be tested
Each phase is produced by the mixing of its different constituents under agitation.
Mixture A is then melted in a 150 ml beaker at 70°C without overheating.
Mixture B is then heated to 70°C. The latter is emulsified in mixture A under agitation (using an Ultra-Turax device) for 2 minutes at 6,000 RPM. The pH of the formulation is adjusted to 5.5 using sodium hydroxide.
It is then left to cool to room temperature to obtain a formulation with a creamy appearance.
Table 1 gives the composition (in % by weight of each of the comonomers) of copolymers of according to the invention which have been tested.
Test No. MAA AA Meth C22(EO)25 Meth C20(EO)36 Meth C32(EO)25 PEM
3070 MAMPEG
5000 EA p(tBu)Sty
1 8 0 3.5 0 0 32 0 56.5 0
2 0 5.5 0 0 0 55 0 0 39.5
3 9 0 2.5 0 0 33.5 0 55 0
4 9 0 0 0 0 35 0 56 0
5 10 0 0 0 4 36 0 50 0
6 9.5 0 0 2.5 0 32 0 56 0
7 9.5 0 2.5 0 0 32 0 56 0
8 9.5 0 2.5 0 0 0 32 56 0

9 9 0 2 0 0 0 45 44 0
Table 1
with:
MAA: methacrylic acid
AA: acrylic acid
Meth C22(EO)25: monomer with the formula R – (EO)m – (PO)n – R', where R designates the methacrylate function, n = 25, m = 0 and R' is the linear alkyl group with 22 carbon atoms
Meth C20(EO)36 : monomer with the formula R – (EO)m – (PO)n – R', where R designates the methacrylate function, n = 36, m = 0 and R' is the linear alkyl group with 20 carbon atoms
Meth C32(EO)25: monomer with the formula R – (EO)m – (PO)n – R', where R designates the methacrylate function, n = 35, m = 0 and R' is the linear alkyl group with 32 carbon atoms
PEM3070: monomer with the formula R – (EO)m – (PO)n – R', where R designates the methacrylates function, n = 30, m = 70 and R' is the hydroxyl group
MAMPEG5000: monomer with the formula R – (EO)m – (PO)n – R', where R designates the methacrylates function, n = 114, m = 0 and R' is the methoxy group
EA: Ethyl Acrylate
p(tBu)Sty: para-tert-butylstyrene
PEM3070 is a monomer resulting from technology as described in Patent Application US 6 034 208.
MAMPEG5000 is marketed by the Coatex™ company under the name Norsocryl™ 405.
Each of the polymers according to tests No. 1 to 9 is introduced into the previous formulation at a rate of 0.7% by dry weight with respect to the total weight of the said formulation.
The Brookfield viscosity of the formulation at 25°C and 20 RPM is then measured.
Test No. 10 is a reference test that does not use the thickener.
The results are listed in table 2.
Test No. Viscosity (mPa.s)
1 5,400

2 8,150
3 5,800
4 5,200
5 6,500
6 5,400
7 6,500
8 5,300
9 5,100
10 3,800
Table 2
Without a thickener, the formulation according to test No. 10 is not stable.
It will be apparent for the rest that the polymer according to the invention enables effective thickening, that is to say to the same level as a marketed polymer, a cosmetic formulation at a pH equal to 5.5.
WE CLAIM:
1- Cosmetic formulation containing an aqueous phase and a non-aqueous phase and characterized in that it contains at least one amphiphilic non-water-soluble comb copolymer consisting of, expressed in % by weight of each of the comonomers:
from 30% to 60% of at least one hydroxy and/or methoxy polyalkylene glycol monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating the methacrylate or methacrylurethane function,
R' designating a hydroxy or methoxy, group,

from 20% to 60% of at least one hydrophobic monomer chosen from styrene and paratertiobutylstyrene, and the (meth)acrylic esters with 1 to 4 carbon atoms on the ester group,

from 0.1% to 10% of at least one monomer which is acrylic and/or methacrylic acid,

from 0 to 15% of an associative monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating a polymerizable function, preferentially the methacrylate or methacrylurethane function,
R' designating an alkyl or aryl or alkylaryl group with 8 to 36 carbon atoms, linear or branched,
14
from 0 to 5% of a monomer with at least two ethylenic unsaturations, the sum of the percentages a), b), c), d) and e) being equal to 100%.

2 - Formulation according to claim 1 characterized in that the said copolymer presents a mean molar mass by weight of between 1,000,000 and 15,000,000 g/mol, preferentially between 1,000,000 and 6,000,000 g/mol as determined by GPC.
3 - Formulation according to one of claims 1 or 2 characterized in that it contains from:
10 to 99.9%, preferably 15 to 99.5%, more preferably even 20 to 90%, and better still 50 to 70% by weight with respect to its total weight, of the aqueous phase,

0.1 to 90%, preferably 0.5 to 85%, more preferably 10 to 80%, and better still 30 to 50% by weight with respect to its total weight, of the non-aqueous phase,

the sum of a) + b) being equal to 100%.
4 - Formulation according to one of the claims 1 to 3, characterized in that it includes 0.05 to 10%, preferably 0.05 to 5%, more preferably 0.05 to 2%, and even better, 0.1% to 1% by dry weight, relative to its total weight of the said amphiphilic comb copolymer.
5 - Formulation according to one of the claims 1 to 4 characterized in that its non-aqueous phase is composed of bodies that are non-miscible in water, liquid fats at room temperature (25°C) and/or solid fats at room temperature such as waxes, pasty fats, gums and their mixtures. These fats can be of animal, vegetable, mineral or synthetic origin. In addition, the aqueous phase may contain lipophilic organic solvents.
6 - Formulation according to one of the claims 1 to 5 characterized in that it can also contain in a particular phase, pigments and/or nacres and/or fillers commonly used in cosmetic compositions. 15
7 - Formulation according to claims 1 to 6, characterized in that it may also contain water-soluble or fat-soluble dyes.
8 - Formulation according to one of claims 1 or 7 characterized in that can contain a film-forming polymer.
9 - Formulation according to claims 1 to 8 characterized in that it can contain at least one surface active or emulsifying agent.
10 - Formulation according to one of claims 1 to 9 characterized in that it may contain vitamins, perfumes, nacrating agents, gelling agents, trace elements, softeners, retention aids, alkalinizing or acidifying agents, preservatives, solar filters, antioxidants, anti hair loss agents, anti-dandruff agents, propellant agents, ceramides, foaming agents, emollients, humectants, texture agents, brighteners, anti-aging agents, moisturizing agents, anti-stress and/or soothing agents, dermoprotective agents, or their mixtures.
11 - Utilisation in a cosmetic formulation according to one of claims 1 to 10 of at least one amphiphilic non water-soluble comb copolymer made up of, expressed in % by weight of each of the comonomers:
from 30% to 60% of at least one hydroxy and/or methoxy polyalkylene glycol monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating the methacrylate or methacrylurethane function,
R' designating a hydroxy or methoxy, group,

from 20% to 60% of at least one hydrophobic monomer chosen from styrene and paratertiobutylstyrene, and the (meth)acrylic esters with 1 to 4 carbon atoms on the ester group,
16
from 0.1% to 10% of at least one monomer which is acrylic and/or methacrylic acid,

from 0 to 15% of an associative monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating a polymerizable function, preferentially the methacrylate or methacrylurethane function,
R' designating an alkyl or aryl or alkylaryl group with 8 to 36 carbon atoms, linear or branched,

from 0 to 5% of a monomer with at least two ethylenic unsaturations,

the sum of the percentages a), b), c), d) and e) being equal to 100%.
as a thickening of the said formulation.
12 - Utilisation according to claim 11 characterized in that said formulation has a pH less than or equal to 7, preferentially between 5 and 6.5, very preferentially between 5.5 and 6.
13 - Process for the thickening of a cosmetic formulation by the introduction into it of at least one amphiphilic non-water soluble comb copolymer constituted of, expressed in % by weight of each of the comonomers:
from 30% to 60% of at least one hydroxy and/or methoxy polyalkylene glycol monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
17
R designating the methacrylate or methacrylurethane function,
R' designating a hydroxy or methoxy, group,

from 20% to 60% of at least one hydrophobic monomer chosen from styrene and paratertiobutylstyrene, and the (meth)acrylic esters with 1 to 4 carbon atoms on the ester group,

from 0.1% to 10% of at least one monomer which is acrylic and/or methacrylic acid,

from 0 to 15% of an associative monomer with the formula R – (EO)m – (PO)n – R', with:

m and n designating integers that are less than or equal to 150, with at least one of them being a non-zero,
EO and PO respectively designating ethylene oxide and propylene oxide,
R designating a polymerizable function, preferentially the methacrylate or methacrylurethane function,
R' designating an alkyl or aryl or alkylaryl group with 8 to 36 carbon atoms, linear or branched,

from 0 to 5% of a monomer with at least two ethylenic unsaturations,

the sum of the percentages a), b), c), d) and e) being equal to 100%.
14 - Process according to claim 13 characterized in that said formulation has a pH less than or equal to 7, preferentially between 5 and 6.5, very preferentially between 5.5 and 6.