Using Patents In Formulations

I've read several articles here that suggest using patents as a starting point for formulation; however, how does it work if you want to commercialize a new product? Take this one for example: http://www.google.com/patents/WO2012011892A1?cl=en. The abstract says:

"A cleansing composition comprising surfactants comprising decyl
glucoside and coco glucoside, wherein the decyl glucoside is present in
an amount by weight that is 1.5 to 2.5 times the weight of coco
glucoside."

The publication goes on to list several formulations that include decyl and coco glucoside along with other ingredients. Does the patent cover the formulation as a whole, or only the decyl glucoside to coco glucoside ratio? Does that mean that if I make and sell a product with decyl and coco glucosides within that range of 1.5-2.5 decyl:coco ratio I'm infringing on the patent? If I make a product with 2.6:1 ratio of decyl:coco glucoside, is that OK?

Comments

  • MarkBroussardMarkBroussard Member, Professional Chemist
    @thebrain:

    Pay particular attention to the CLAIMS which is the specific formulation they filed the patent on.  The CLAIMS are much more specific in the composition of the formulation than just the Decyl Glucoside and Coco Glucoside.
    Chemist/Microbiologist formulating in the Organic & Naturals arena under ECOCert/Natural Products Assn/Whole Foods/National Organic Program guidelines focused skincare & haircare products. 

    See website for details www.desertinbloomcosmeticslab.com
  • @MarkBroussard: The general claim appears to be that the combination of coco and decyl glucosides produces anionic-like foam characteristics, but they go on to list a thickener and preservative system to complete several possible formulations. I'm just unclear as to where the patent begins and ends, and what I can work with, without infringing on the patent.
  • MarkBroussardMarkBroussard Member, Professional Chemist
    @thebrain:

    You have to view the entire patent in context.  One part of it is that they found a combination of coco and decyl glucosides that had unique properties.  It appears that your main concern in the coco/decyl ratio for your own product development purposes.  Just formulate outside the range at 2.6:1 and you are not in violation of the patent.
    Chemist/Microbiologist formulating in the Organic & Naturals arena under ECOCert/Natural Products Assn/Whole Foods/National Organic Program guidelines focused skincare & haircare products. 

    See website for details www.desertinbloomcosmeticslab.com
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