Clariant informs customers in China of flame retardant products that may infringe its IP rights

Shanghai, November 21, 2016 – Clariant, a world leader in specialty chemicals, wants to draw its customers’ attention on potential patent infringement issues concerning Clariant’s patents which relate to Exolit® OP products. In particular, the sourcing and using of such non-halogen flame retardant products from some Chinese companies may lead to infringement of Clariant’s patents.

Clariant has developed a flame retardant technology based on the substance class of organic phosphinates which have been marketed under the trademark Exolit OP since 2004. These phosphinates have become a leading solution for non-halogen flame retardant materials for engineering thermoplastics like polyamides and polyesters, and are widely used in numerous industries in particular E&E applications.

Clariant has globally and widely protected this innovative technology by numerous patents and patent applications. Specifically, these patent rights cover phosphinate substances, formulations of phosphinates with co-flame retardants (synergists), production processes and the key application areas thereof. The portfolio of more than 400 patents and patent applications protects the production as well as the sale and commercial use of the Exolit OP products.

As the sole supplier of Exolit OP products, it has come to Clariant’s attention that certain Chinese manufacturers have started offering similar flame retardant products that we believe to infringe Clariant’s patent rights. The sourcing and using of such products may lead to infringement of Clariant’s patents in many countries.

Use of infringing goods may bear serious consequences including legal liability. In the meantime, use of unqualified flame retardant products may also lead to product safety issues due to ineffective flame retardancy, and eventually risking business reputation of the concerned organizations.

While Clariant will continue to thoroughly observe the market of flame retardants compounds and flame retarded end products regarding potential infringement issues and keep its customers informed in due course, it would like to emphasize the following:

Clariant is the only supplier of Exolit OP flame retardant globally, as we as in China;
Through a continuous innovation process and active patent management, Clariant is in the position of holding numerous patents that protect its products, including those distributed in China;
Clariant is prepared to take legal actions against infringements of IP rights of its products or technologies.

For those customers or parties that are in need of further information or help, they may approach their relevant contact at Clariant or inquire at flameretardants@clariant.com.