Can a simple mixture be patented? 2 Answers as of August 13, 2011

Can a simple product that is essentially water and one natural ingredient that is hand shaken be patented?

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
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: 8/13/2011
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
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: 8/12/2011
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