Lockhart, TX asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas

Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

3 Lawyer Answers
Stephen E. Zweig
Stephen E. Zweig
Answered
  • Intellectual Property Lawyer
  • Los Gatos, CA

A: Yes. Like all patents, however, the formula needs to be novel and not obvious. Check patents.google.com or other source to see prior art on concrete formulas. The good news and bad news is that there are a lot of concrete formula patents ahead of you. The examiner will be looking at your patent application, and will try to argue that your formula is obvious by using elements from other concrete formula patents. So you will need to think this through in advance, and try to anticipate some of these rejections in your patent application.

1 user found this answer helpful

Steven Thrasher
PREMIUM
Steven Thrasher
Answered
  • Intellectual Property Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Assuming that you and your patent attorney can argue successfully that it's not obvious to a skilled concrete professional, then yours odds are strong.

Of course, the detailed analysis to gain confidence is complex and requires research, and the process of preparing a patent application and shepherding it through the patent office requires a skilled professional.

You've got a strong idea with technical - and possibly economic - merit, so, your next step is to find a patent attorney who can help guide you through the legal gauntlet.

1 user found this answer helpful

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Yes. For an example see https://answers.justia.com/question/2022/11/09/can-the-formula-for-a-specific-type-of-c-932358 . The '358 patent was for a form of concrete used to make faux villages for use in military training exercises. The concrete was tuned to receive the bullets so that the trainees were not injured by ricochets.

As noted by others, what you are doing needs to be non-obvious to one of ordinary skill in devising specialty concrete.

I hope that this helps.

Kevin E Flynn

1 user found this answer helpful

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