My patent is for a chemical solution comprised of 2 chemicals that is used for a specific purpose in a specific industry. How am I supposed to include figures if it's not a design but just a ratio of mixing chemicals for a specific purpose?
Thanks
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Do the two chemicals react in some way to create a new chemical compound?– Eric SCommented Dec 29, 2022 at 23:10
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@EricS No they don't– Funky monkeyCommented Dec 29, 2022 at 23:40
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1 Answer
A composition-of-matter patent applications is one of the few types of patent applications that do not have drawings. Drawings are only required if needed to help understand the invention. Of course you can only patent a chemical, per se, if it is newly invented by you.
A process to make a chemical usually has diagrams but not a patent on the chemical itself. Also there are patents on processes using a chemical.
You should look at some patents in your field. Also, if it is a chemical you have invented, drafting a chemical patent application is a very specialized skill that most patent attorneys will not have and, based on your question, you should find a patent practitioner who specializes in chemical patents.
answered Dec 29, 2022 at 16:13
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Hello George thanks for your answer. Would you recommend I patent it as composition of matter or as a method including that chemical solution? Because the chemical solution itself is used in other industries in other ways just not in the one I am patenting the process in. Commented Dec 29, 2022 at 19:35
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If the chemical is not new and invented by you then you can’t claim it. Using a known chemical in a new process is patentable.– George White ♦Commented Dec 29, 2022 at 22:21
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Based on my comment/question the two chemicals do not react to form a new chemical but remain a mixture. I’m not sure this allows a composition of matter claim.– Eric SCommented Dec 30, 2022 at 15:54
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Mixtures can often be ok. Wikipedia quoting a SCOTUS case (Chakrabarty I think) “all compositions of two or more substances and all composite articles, whether they be the results of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders or solids." However there is a famous case where two things were mixed that was judged to not be patentable. Not famous enough for to remember or google the case right now.– George White ♦Commented Dec 30, 2022 at 18:02
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1Perhaps it is a matter of a unexpected synergism. Such as chemical A having 1X effect, chemical B having 1X effect and the combination of A and B having 3X effect?– Eric SCommented Dec 30, 2022 at 18:43