Recently, we have noticed many articles and blog posts about “Making your Own SwimSpray” or “Do-it-Yourself SwimSpray.” For example, the United States Masters Swimming (USMS) blog points out that “you can get commercial products like 'SwimSpray', but it's easy and cheap to make your own.”
The Mer Network posted an article about “making SwimSpray.”
On Amazon.com, the only 1-star review for SwimSpray states that “it works, but you can make it yourself for pennies.” (As an aside, we are unclear as to why a product that “works” justifies a 1-star review).
Here are a few other sites discussing the effectiveness of SwimSpray but encouraging users to make their own solution:
Amelia Smith of eHow
Swim Smooth Forum • View topic - Chlorine allergy (“Read about this at Amazon comments”)
Sarah at the Healthy Home Economist
Notably, SwimSpray’s formula and method of removing chlorine from hair and skin are protected by United States and European patents and numerous international patent applications. U.S. Patent Law provides a patentee Provisional Rights that may entitle the patent holder to retroactively receive royalty payments from an infringer, as of the date the infringer becomes aware of a U.S. or PCT patent application publication, such as U.S. Patent Publication No. 2013/0095055 A1, and PCT Patent Publication No. WO 2012/016228 A2.
The United States patent laws provide a cause of action against a person who “actively induces the infringement of a patent by encouraging, aiding, or otherwise causing another person or entity to infringe a patent. A potential inducer must actually be aware of the patent and intend for their actions to result in a third party infringing that patent.” 35 U.S.C. 271(b).
In addition to the above publications which encourage people to make their own SwimSpray, some other vendors have started selling knock-off products. For example, Kenworthy Wellness now sells a “Make-Your-Own” Vitamin C Spray, which clearly provides a commercial product falling within SwimSpray’s claims.
We hope that it goes with out saying that the owners of SwimSpray, LLC would appreciate the following: (1) not encouraging, aiding, or otherwise causing another person or entity to infringe on our claimed inventions; and (2) not selling a product that falls within our claimed invention.
Although copying is a high form of flattery, we would like to minimize illegality
(and resulting legal action). If you would like to make your own SwimSpray, there are a variety of ways to resolve these issues. The partners at SwimSpray LLC are always willing to discuss opportunities for spreading our technology easily to those who need it. Just ask.
Also, everyone would be better off if you made the correct formula. Simply dumping ascorbic acid into water (as many of the above sites suggest) will create an unstable an less effective formula than SwimSpray. We spent two years developing SwimSpray for a reason: it’s not as simple as combining vitamin C with water.
If you would like to discuss using the SwimSpray technology in a way other than buying SwimSpray, please contact Andrew Chadeayne at this email address: Andrew.Chadeayne@SwimSpray.com. Andrew is a registered patent agent who would be happy to answer your questions.