Yes, provided that the mixture is novel (new) and not obvious, in view of the prior art.

Answer Applies to: Ohio
Replied: 9/27/2011

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In response to your question related to chemical patents, yes a composition of matter, which includes chemical compositions, can be patented, if it is novel, non-obvious, patentable subject matter and useful. The fact that it uses two known compounds, does not answer the question, but if the combination is itself new or is an improvement on an existing composition, then it could be patentable. I would suggest scheduling a meeting with an attorney to discuss your specific concerns. Good Luck.

Answer Applies to: Kansas
Replied: 8/24/2011

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It depends. This depends if the combination is non-obvious. Obviousness is a term of art. Obviousness is very difficult to predict and is one of the requirements for patentability. It is the number one patent killer and the USPTO favorite killing tool. In order to evaluate if the combination of the chemical compounds is not obvious you have to answer the following questions: 1. at the time you made the new composition, was the composition, (and any method of preparation or physical change of the compounds) foreseeable by some one else with your same skill in chemistry? 2. does the compounds in combination perform a similar function that each compound performs individually? 3. if there are similar compositions using the both compounds out in the public, is this new composition, a step forward, a far better composition? 4. did you solve a problem not solved before by mixing the two compounds? 5. was the result of mixing the compounds in this particular way unexpected? 4. did you manipulate the physical properties of the compounds? 5. did you use a special method (technique) of preparation of the compounds, for example did you use temperature and pressure, or did you bake the compounds before mixing? 6. was the result of mixing the compounds predictable? 7. did other chemists try to solve the problem but failed and you and your inventive mixing method succeeded? Only after answering these questions a patent attorney can determine if your invention is patentable. Another issue that you will face is the fact that the two compounds are patented. Even if you get a patent on the mixed compounds, you have to pay royalties to the owners. Now, if you get the patent for the combination, you might enter into a cross-license agreement if the owners are interested in you inventive combination.

Answer Applies to: Florida
Replied: 8/23/2011

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Yes if it is new and it not obvious.

Answer Applies to: New York
Replied: 8/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.