Granules in Patent Applications: A Key to Patentability
Introduction:
The recent appellate decision in the case of Patent Application No. 650/CHENP/2009 sheds light on the significance of granules in patent applications, particularly in the context of inventions related to animal feed. This article provides a detailed analysis of the appellate court's decision and its implications for patent law in India.
Background:
The appellant filed a patent application for an invention titled "Enzyme Granules for Animal Feed," claiming priority from a PCT application. The invention pertained to a process for preparing granules containing enzymes and zinc organic salt, aimed at promoting enzyme stabilization in animal feed. However, the application faced objections during examination, leading to rejections based on various provisions of the Patents Act, 1970.
Amended Claims and Hearing:
In response to the objections raised in the First Examination Report (FER), the appellant submitted amended claims, deleting certain original claims and refining the invention's scope. Despite these amendments, the application was rejected by the respondent. Subsequently, the Novozymes Vs Assistant Controller of Patent
Order Date: 19.03.2024 filed an appeal challenging the rejection.
Court's Analysis:
The appellate court focused on the claims related to the process of preparing granules for animal feed. It noted that the claims, except one, were process/method claims detailing the preparation method. Claim 7 specifically outlined the process of mixing feed components with the granules, steam treating, and pelleting the composition.
The court observed that the respondent conceded to the novelty of the invention, acknowledging that the prior art documents did not disclose the granules as outlined in the claims. Notably, the court emphasized that if the granule in claim 6 is novel, it cannot be considered a known substance, thereby rendering Section 3(d) of the Patents Act inapplicable.
Conclusion:
The appellate court's decision underscores the significance of granules in patent applications, particularly in the context of animal feed inventions. By recognizing the novelty and non-obviousness of the granules and the associated preparation method, the court affirmed the patentability of the invention. This decision sets a precedent for future patent applications involving granules, providing clarity on the requirements for patentability under Indian patent law.
Case Title: Novozymes Vs Assistant Controller of Patent
Order Date: 19.03.2024
Case No. (OA/18/2017/PT/CHN)
Neutral Citation:NA
Name of Court: High Court of Madras
Name of Hon'ble Judge: Senthilkumar Ramamoorthy, H.J.
Disclaimer:
This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.
Written By: Advocate Ajay Amitabh Suman,
IP Adjutor - Patent and Trademark Attorney,
Email: ajayamitabhsuman@gmail.com,
Ph No: 9990389539
