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ARTICLE · 28 OCTOBER 2015

Silly String: Lessons In Leveraging Patents With Trade Secrets

I was reading an article in Wired about the secret in Silly String tonight and it got me thinking about leveraging patents into other types of intellectual property.

United StatesIntellectual Property
Stites & Harbison PLLC
Stites & Harbison PLLC
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Halloween is coming up, and it is one of my favorite Silly String holidays.  I was reading an article in Wired about the secret in Silly String tonight and it got me thinking about leveraging patents into other types of intellectual property.

Silly String was originally patented back in 1972.  As described in Ms. Palmer's Wired Article, there is quite a lot going on in the can to get that perfect, light stream to shoot from the can.

According to Wikipedia, within a year after Silly String was introduced in the U.S., the propellant originally used was banned in the U.S.  So we know that the composition changed, but it seems that Wham-O never filed an updated patent.

I'm not an expert on Silly String, but this means one of three possibilities to me: (1) the original patent still covered the updated formulation and propellant; (2) Wham-O didn't think the patent costs merited the return on investment of updating the patent; or (3) Wham-O decided that it would

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