Please show where JBI has claimed "exclusive rights" to the catalyst it has developed.
Notice that I used the word developed.
The original catalyst formula found in an old engineering archive has been changed and updated under contract by IsleChem for JBI.
That makes it a new formula. Proprietary is an accurate description.
pro·pri·e·tar·y/pr?'pri-i?tere/
Adjective:
Of or relating to an owner or ownership.
JBI owns that formula/formulation.
JBI has chosen to keep that formula/formulation as a trade secret.
If it was patented then the formula/formulation would have to be published as part of the patent. While that would give JBI the right to sue any other company found to be using the proprietary catalyst, as a practical matter such a patent provides little practical protection to JBI.
First, the company would have to determine that another company is using the JBI catalyst. Considering that a catalyst is used inside a closed system making such a discovery would be difficult.
Second, the patent would allow another company to take the formula/formulation and make small changes and claim that it is now a different catalyst leaving JBI with the legal responsibility and costs of proving that it is substantially the same and therefore protected.
Keeping the catalyst as a trade secret side steps many of these difficulties at the cost of not being able to bring suit if the catalyst is developed by another company.
As with many things in the real world, it is a question of trade offs.
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