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Author Topic: Custom Chemical Dilution  (Read 680 times)

PMA

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Custom Chemical Dilution
« on: 04-24-17 at 06:52 pm »

I am a wholesale distributor of a lubricating spray. The manufacturer that I buy from sells the lubricant in a concentrated form and recommends a certain dilution ratio. I have found a unique dilution ratio that works particularly well for my industry. Can I patent my custom diluted product?

Thanks in advance for your help. 
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MYK

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Re: Custom Chemical Dilution
« Reply #1 on: 04-25-17 at 12:22 am »

Optimization can sometimes be patentable, but if everything is working exactly as you would expect, then probably not.  You would need more than just "it works exactly like a lubricant is supposed to".
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Dazed-n-confused

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Re: Custom Chemical Dilution
« Reply #2 on: 04-27-17 at 01:42 pm »

MYK's right.  If there's any commercial value in what you've done, you may want to speak with a patent attorney who can confidentially learn all the nitty gritty details and give you more comprehensive advice.

However, I have trouble envisioning commercial value to such a patent.  Because the person who would infringe your claims are the individual end-users, and you don't want to be trying to chase down ten thousand individual infringers.

What if you present the maker with mystery-labeled tubs of his diluted lube, one at his dilution ratio, the other at yours, let him see yours is better, and offer to sell him the secret at a reasonable price?

Another consideration - I hope your dilution ratio has more lube-to-diluent than his dilution ratio, else he's not going to be happy about you telling folks to use less of his goo.
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smgsmc

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Re: Custom Chemical Dilution
« Reply #3 on: 04-30-17 at 10:37 am »

If it's already well-established practice to dilute the lubricant prior to use, and if it's already well established that the optimal concentration varies with the particular application, then, as MYK has commented, the specific concentration would likely not be patentable if it's simply an issue of routine optimization.  You may have a chance though, if there are unexpected results; in particular, a narrow range of concentration in which the diluted lubricant works exceptionally well for your application:  for example, a concentration from 30 to 35%.
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