Can a simple mixture be patented?
Can a simple product that is essentially water and one natural ingredient that is hand shaken be patented?
Answered By: Intellectual Property Center, LLC
To be illegible for patent protection, the invention must be novel and non-obvious. In addition, any patent must be directed towards the composition or process for making the composition. If the mixture of the ingredient and water meets these requirements, it may be patentable. Feel free to contact a patent attorney to discuss your concerns (913) 345-0900. Good Luck!!
Answer Applies to: Kansas
Replied: 8/12/2011
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.
Answer Applies to: Kansas
Replied: 8/12/2011
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.
Answered By: Barton Barton & Plotkin
Sure if it is (a) useful, (b) novel (i.e., no one did it before), and (c) non-obvious. The biggest problem would probably be "obviousness". An invention that solves a problem must substantially advance the art, and it cannot be merely the result of routine experimentation. If there are publications or patents concerning similar mixtures that are used in a similar way, then you may have a problem overcoming the argument that your mixture is obvious. Also, you will need to engage counsel to conduct a patent search-it is quite possible that someone else has already patented your mixture, but that it was never commercialized. If you want to go forward you must invest sufficient funds to retain patent counsel.
Answer Applies to: New York
Replied: 8/11/2011
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.
Answer Applies to: New York
Replied: 8/11/2011
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.
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