Chlorox bluex shock for pools1/4/2024 However, there is no predefined expiration date on a trade secret like there is on a patent. When you choose to keep something as a trade secret, you want to provide as little detail as possible. When you apply for a patent, you explain in fine detail everything your product does, but you get a monopoly on your invention for a specified period of time. Patents and keeping things as "trade secrets" are both ways of protecting intellectual property. ![]() Unless there is an ingredient list showing otherwise you will want to avoid it. They are both borate products and we know that borates inhibit algae growth, but they chose not to advertise that in order to keep the exact formula to themselves.Īlso, Yippee is right, anything that has "Blue" in the name likely contains copper. Now the PLUS does not list anything about algae it the Benefits, nor does it have anything listed anywhere on a bucket of the stuff and the MSDS states Trade Secret. You can also see on the MSDS and the picture of the bucket shows it lists the ingredients: sodium tetraborate pentahydrate. If you look on their product pages you will see that Supreme lists "Algae is less likely to form in pool water" under Benefits. These are both borate products, the regular Supreme has a high pH so you must add acid with it while PLUS is pH neutral. ![]() His example was ProTeam Supreme and Supreme PLUS. However, you can keep a formulation of "A+B" secret and are not legally required to divulge that trade secret.Īs I understand it from a Haviland rep, when it comes to pool chemicals they are allowed to claim "trade secret" as long as they don't claim it kills anything. The simplified concept is this - if "A" is not novel and "B" is not novel, then "A+B" is not novel either and you can not claim a patent right to "A+B". So, once a trade secret is divulged, anyone can use it. Trade-secrets are NOT protected under patent law nor are they considered intellectual property. Trade secrets are a completely different concept. The holder of a patent can easily sue for infringement and not only stop a competitor from using intellectual property that doesn't belong to them but also receive huge damage awards in the process (see Apple versus Samsung). Patents, and the disclosures therein, are protected from infringement by US Patent laws. ![]() I have also been part of patent infringement investigations and have filed legal briefs on cases of infringement. So I am actually quite familiar with patents and patent law. I actually have 24 patents on which I am either the principal inventor or one of the inventors.
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