Q: Is a mixture of 2 chemicals in a particular ratio patentable. If those ratios are changed by 1 %, is it a new patent?

A: Yes, these types of formulations are patented all the time; I’ve prepared and prosecuted many patent applications a big client develops and manufactures petroleum additives, for drivetrain, engine oil, fuel additives and like. A couple of points.

(1) I like the fact that you have an actual measurable improvement. This is typically important to get such data in order to get claims allowed. Because there are several ways of measuring torque, you will need to get lab data by using a standard method (such as ASTM, ISO, DIN, and like).

(2) The fact that your mixture is composed of just two ingredients is a bit of a concern. Typical oil mixture formulations that I’ve worked had about 5 to 8 ingredients in various loading levels or ratios. The problem is that it is likely that someone has already mixed two ingredients in similar ratios in the past; even if they mixed them accidentally, it may be used against your claims. But if your two ingredients are almost never used in cutting fluid formulations, then there is a better chance to have your cutting fluid patented.

(3) As far as the ratios go, you want to have the ratio range in the claims as wide as possible in order to keep your competitors out. A patent in which you claim a range from 20:80 to 50:50 will be more valuable then if you were to claim a range from 30:70 to 40:60. The problem with a wider range is that those ranges are harder to patent because there is a chance that someone already made a composition in that range.

(4) To keep others from patenting cutting fluids with the same ingredients but in different ratios is actually pretty easy. Firstly, you will try to patent as wide of a range of ratios as possible, but eventually you’ll likely get a narrower range; because you tried to patent a formulation outside of the range that you eventually claimed and it failed, it is likely that your competitor won't be able to patent it either. Secondly, put as many ratios in the patent application description as possible. For example, if your patent claims cover only 20:80 to 50:50, but in your description you have a table of torque values at 0:100, 10:90, 20:80, …, 90:10, 100:0 ratios, and then your competitor won't be able to patent 90:10 formulation, because you already made and disclosed his formulation in your description.

Good luck!