Mist-On Tanning Solution Now Patented
June 26, 2001

It's official. Dr. Laughlin's Mist-On tanning solution is now patented. The US patent # 6,251,374 discloses formulations that make Mist-On tanning possible.

You can't run a car on jet fuel, and you can't fly a jet with gasoline. Not that there's anything wrong with cars, jets, gasoline, or jet fuel. It's just that jet fuel is formulated to use in jet engines, and is not suited for use in automobile engines. Likewise, gasoline is not suited for fueling jet engines.

Traditional sunless tanning formulations have been optimized for use with traditional delivery systems, like creams, lotions, and sprays. The requirements for misting systems are drastically different, calling for drastically different formulations. The novel formulations disclosed in patent # 6,251,374 are specially designed to meet these requirements.

Dr. Tom Laughlin, the sole inventor listed on this patent, provided insight into these requirements. "Image you were contracted to stain a very valuable grandfather clock. The clock is 5 feet 8 inches tall, 18 inches wide, and 12 inches deep. The woodwork is very intricate, and somewhat fragile. This eighteen-year-old clock is made of very light colored, unstained wood. The very proud owner approaches you and begins detailing some very demanding requirements. He wants the clock uniformly stained from top to bottom. That includes staining in every indention and crevice. He wants the stain very dark, and to be applied in a single session. There can be no streaking, running, spotting, or blotching. He's in a hurry, so he expects the entire process to take less than 10 minutes. He'll bring the clock home in his cloth upholstered Mercedes. Of course, there can be no stain transfer to him, his clothing, or his car upholstery. The clock cannot be sanded or cleaned prior to staining, you aren't even allowed to touch it. He expects the stain to be 100% safe with respect to human contact, ingestion, or respiration. No one can watch the clock being stained, or even be in the room during the process. He is willing to pay $15 for this service."

Sounds impossible. Dr. Laughlin claims his Mist-On Tanning units are required perform this task hundreds of times a day. But instead of a grandfather clock, his units stain people. According to the Doctor, "This task is impossible if you try to use traditional tanning equipment and formulations. To accomplish this task, an entirely new process had to be conceived, a new type of machinery had to be developed, and new types of tanning solutions had to be formulated. The process and machinery are disclosed under our first patents, and the solution is disclosed in this new patent."

Key properties required of this new tanning solution include:

Starting with compositions that meet these requirements, further optimization is needed to yield a solution that produces a very long-lasting, natural-looking tan that does not have even a hint of an orange hue.

Other "nice-to-haves" include:

Formulating a tanning solution that meets all of these requirements, including the "nice-to-haves", was an incredible challenge. Luckily, Dr. Laughlin's experience in formulating ethnic hair-care products, long-lasting insect repellants, controlled-release medications, over-the-counter transdermals devices, and medical-grade disinfectants gave him a head start. The formulations used in 1998 in the first commercial units gave a great tan, but the tans only lasted 2 to 3 days. The formulations in the new patent yield tans that can last 7 or more days. They also meet all of the above criteria.

So what does this new patent mean from a patent protection perspective? According to Mike O'Neil, Laughlin Product's chief intellectual property attorney, "This patent allows linkage of the use of the Mist-On Tan machine with the Mist-On Tan solution. This is a much stronger linkage that possible by threats of warranty invalidation or through clauses in purchase contracts. Patent law dictates that an inventor of a unique solution patented for use in a unique, patented device can require users of his patents to use only the patented solution with the patented machine. These patent rights supercede standard anti-trust laws."

This patent also grants the Doctor the right to exclude others from making, using, offering for sale, selling, or importing any tanning solution with ingredients that fall within the ranges specified in the claims of that patent.