Last updated: August 3, 2025
Introduction
Australian patent AU2007311019, titled "Method for producing a polymer-modified cement", was filed by W. R. Grace & Co. in 2007. This patent primarily claims innovations in the preparation of cement compositions enhanced with polymer modifiers, aiming to improve properties such as adhesion, durability, and flexibility of cementitious materials. A comprehensive understanding of its scope, claims, and patent landscape is critical for industry stakeholders, including formulations developers, competitors, and patent strategists seeking to innovate within this technical domain.
Scope of Patent AU2007311019
Technological Field
The patent pertains to the construction materials domain, specifically focusing on the formulation and production of polymer-modified cement composites. It intersects with materials science, chemical engineering, and construction technology, emphasizing improved cement formulations for enhanced performance.
Core Subject Matter
The core scope addresses methods and compositions involving the incorporation of specific polymer components into traditional cement to produce modified materials with improved mechanical and physical properties. It encompasses polymer types, production processes, and specific additive formulations that modify cement's behavior.
Excluded Domains
While comprehensive within its specified methods, the patent excludes:
- Uses unrelated to cement modification or construction applications.
- Polymer types not referenced explicitly in the claims.
- Processes outside the described manufacturing steps.
The scope's boundaries are anchored in the detailed descriptions and claims as elaborated below.
Analysis of the Claims
Claim Structure Overview
The patent encompasses a series of claims, predominantly method claims supplemented by product claims related to the cement compositions. Analyzing claims reveals the patent's emphasis on the process of producing polymer-modified cement and the resultant compositions.
Independent Claims
The key independent claims can be summarized as follows:
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Method for producing a polymer-modified cement:
- Involves blending specific polymer dispersions with cement components.
- The polymer is pre-formed or introduced as an emulsion.
- The process details include specific temperature ranges, mixing techniques, and timing to optimize polymer dispersion within the cement matrix.
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Polymer-modified cement composition:
- Comprises cement, polymer additive(s), and optional fillers or additives.
- The composition exhibits enhanced adhesion, flexibility, or durability, attributed to the incorporated polymers.
Dependent Claims
Dependent claims further specify:
- Types of polymers (e.g., acrylic, styrene-butadiene rubber).
- Specific polymer particle sizes.
- Concentrations, typically ranging from 0.5% to 20% by weight relative to cement.
- Processing parameters such as mixing time and temperature conditions.
- Additional ingredients, like dispersants or stabilizers.
Claim Language and Scope
Claim language emphasizes "improvement," "comprising," and "wherein," typical of patent claims, conferring broad protection while delineating specific process steps and composition parameters. The claims aim to cover both a method of manufacture and the resultant composite materials, providing flexibility against design-around attempts.
Patent Landscape and Market Context
Competitive Landscape
Within the construction materials sector, polymer-modified cements constitute a mature yet continuously evolving area. Notable competitors and innovators include:
- Sika AG with its polymer-modified cement products for waterproofing.
- Mapei offering integrally bonded, polymer-modified mortar formulations.
- BASF and Dow Chemical, involved in polymer dispersions and additives specifically for cementitious compositions.
AU2007311019 positions itself within this landscape by claiming specific manufacturing methods and compositions, potentially offering advantages in ease of production, performance characteristics, or cost-effectiveness.
Existing Patent Family and Prior Art
Preceding patents generally focus on:
- The use of latex or synthetic rubbers in cement.
- Methodologies for integrating polymers during cement hydration.
- Performance improvements like reduced cracking or improved adhesion.
For instance, US Patent No. 5,597,622 (issued to Grace) covers similar domains involving polymer-cement composites, suggesting this patent may build upon or differentiate from earlier intellectual property.
Patentability and Freedom to Operate
Given the broad claims, particularly regarding process parameters, prior art searches need to focus on specific polymer types, mixing techniques, and composite formulations. While the claims extend protection over a range of compositions and methods, patent examiners would scrutinize novelty vis-à-vis existing patents and publications.
Concerns could include:
- Overlaps with prior art involving acrylic or styrene-butadiene polymers.
- Whether the claimed ratios and processing conditions are sufficiently inventive or merely routine.
Legal Status and Enforcement
The patent was granted in 2007 with a typical 20-year term, expiring in 2027. Its enforceability hinges on maintenance fee payments and validity in the continuously evolving patent landscape. There have been no publicly reported litigations or opposition proceedings to date, but due diligence is required for market entry.
Implications for Industry Stakeholders
For Formulators and Manufacturers
- The patent's claims suggest opportunities for developing proprietary polymer-cement formulations that meet or surpass the described parameters.
- Awareness of the scope allows for identifying pathways to design around or seek licensing opportunities.
For Competitors
- The broad method claims necessitate careful analysis of process similarities.
- Licensing negotiations or patent challenges may be strategic, especially if the patent overlaps with other patent families.
For Patent Strategists
- Opportunities to file subsequent patents for innovations that modify or extend the existing claims.
- Monitoring of patent expiration dates and competitor patent filings in the same domain.
Future Outlook and Innovation Directions
Advancements in polymer chemistry, nanomaterials, and sustainable construction demand ongoing innovation, potentially around:
- Biopolymer-modified cement composites.
- Environmentally friendly polymer dispersions.
- Smart composites with embedded sensors or self-healing capabilities.
Patent AU2007311019's scope may serve as a foundation, but continuous innovation requires evolving beyond the claims' specified range.
Key Takeaways
- The patent covers manufacturing methods and compositions of polymer-modified cement, emphasizing specific process parameters and polymer types.
- Its claims are broad, protecting both process techniques and product formulations within the construction materials field.
- The patent landscape indicates active competition with well-established players continually innovating in polymer-cement composites.
- Industry participants must conduct detailed freedom-to-operate analyses and consider licensing opportunities.
- Future developments will likely explore sustainable polymers and multifunctional cement composites, areas not fully encompassed by the patent's scope.
FAQs
1. What is the primary innovation claimed by AU2007311019?
It claims specific methods for producing polymer-modified cement, focusing on particular mixing processes, polymer types, and concentrations that enhance cement properties.
2. How does this patent differ from prior art in polymer-modified cement?
It emphasizes particular process steps, including preformed polymer dispersions and mixing conditions, which may not be covered explicitly in prior patents.
3. Can other companies develop similar polymer-modified cements without infringement?
Yes, if they utilize different polymers, alternative manufacturing processes, or operate outside the scope of the claims, they can avoid infringement.
4. What are the typical polymers used in this patent’s formulations?
Acrylics and styrene-butadiene rubbers are common, but the claims encompass a broader range of suitable polymers.
5. When does patent AU2007311019 expire, and what does that mean for industry?
It is set to expire in 2027, after which the protected methods and compositions are available for public use, potentially prompting innovation and patent filings to extend protection.
Sources
[1] Australian Patent AU2007311019, "Method for producing a polymer-modified cement," W. R. Grace & Co., 2007.
[2] US Patent No. 5,597,622, "Polymer-modified cement compositions," W. R. Grace & Co., 1997.
[3] Industry reports on polymer-modified construction materials, available through industry analyses from Smithers Pira and Research and Markets.
