HINDUSTAN UNILEVER LIMITED Vs. THE CONTROLLER OF PATENTS & DESIGNS BOUDHIK SAMPADA BHAVAN & ANOTHER
LAWS(IP)-2013-6-11
INTELLECTUAL PROPERTY APPELLATE BOARD
Decided on June 10,2013

HINDUSTAN UNILEVER LIMITED Appellant
VERSUS
The Controller Of Patents And Designs Boudhik Sampada Bhavan And Another Respondents

JUDGEMENT

PRABHA SRIDEVAN,CHAIRMAN - (1.) THIS appeal is filed against the order dated 11/07/2011 refusing the patent under S. 15 of the Patents Act, 1970.
(2.) THIS patent application 898/MUMNP/2007 entitled "Water -in -oil microemulsions for hair treatment" was filed as PCT National Phase Application on 14/06/2007.
(3.) THE invention relates to water -in -oil microemulsions for hair treatment, which have enhanced sensory properties and enhanced compatibility with hair benefit agents. There were originally 15 claims. In the First Examination Report the objections raised were: - Subject matter of claim 15 does not constitute an invention under section 21(j) of the Patents Act, 1970 as amended (Act in short) and claims 1 -15 do not involve an inventive step in view of US Patent 5298240 (D1) and WO/2001/045651 (D2) and that claims 1 to 14 fell within S. 3(e) of the Act and hence not patentable and other objections.;


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