Patent Avoidance: The Cheap Copy That Doesn’t Work

Just Because It’s Cheaper Doesn’t Mean It’s Better

You’ve seen two versions of the same ingredient:

• One costs $100/kg
• One costs $10/kg

Why such a big difference? Because the expensive one is patented, tested, and proven. The cheap one? A knockoff. This is patent avoidance — using a cheaper, unproven version to avoid paying royalties… and cutting corners on efficacy.

🔍 What Is Patent Avoidance?

Selling a generic substitute for a patented ingredient — even though it hasn’t been studied or proven to work the same way.

Example:

• Suntheanine® is patented, made via enzymatic fermentation, identical to tea-derived L-Theanine
• Generic L-Theanine is often synthetic, racemic mix (D/L-forms), not fully bioavailable

But both are labeled “L-Theanine.”

🧪 How Companies Do It

• Use synthetic PQQ instead of fermentation-derived BioPQQ®
• Use magnesium glycinate instead of magnesium L-threonate (Magtein®) — even though only Magtein® raises brain magnesium
• Use standard MCT oil instead of 99% pure C8 powder

They save 50–80% on cost — but you lose the benefit.

🚪 How They Get Away With It

• The names are similar or identical
• No regulation on sourcing or manufacturing methods
• Patents protect the process, not the name

So anyone can use the word — even if it’s not the real thing.

🔴 Red Flag to Watch For

❗ If a product uses a premium ingredient (like Suntheanine®, Magtein®, BioPQQ®) but doesn’t display the trademark symbol (®) — it’s not the real one.

Look for:

• Suntheanine® (not just “L-Theanine”)
• Magtein®
• BioPQQ®
• Only these have human trial backing.

⚖️ Real Example: Mitsubishi vs. Generic PQQ Suppliers (Ongoing)

Mitsubishi Gas Chemical, the inventor of BioPQQ®, has pursued legal action globally against suppliers selling unauthorized PQQ that doesn’t meet purity or safety standards. They’ve issued cease-and-desist letters and protected their patent rights.

✅ Status: Ongoing enforcement. Confirms BioPQQ® is distinct and protected.