The patent office has rejected an application by Eureka Forbes for a patent for its flagship iron removal water purifier, Aquasure, on grounds of lack of inventive step and insufficient disclosure.
The patent office refused to entertain the application after hearing the submissions put forth by Hindustan Unilever Ltd, or HUL, which had filed a pre-grant opposition in the matter.
Opposing the grant of patent, Hindustan Unilever submitted that the usage of ion exchange resin for the removal of iron as well as its usage in gravity water filters is well known in prior art.
In view of Eureka Forbes’ failure to provide comparative tests vis-à-vis the closest prior art, the failure to provide data in relation to its distinguishing feature, as well as the failure to provide details about the unexpected affect achieved due to the allegedly claimed invention, the impugned patent application fails to satisfy the criteria of obviousness and inventive step an hence needs to be refused, Hindustan Unilever argued.
M Ajith, assistant controller of patents and designs, Chennai, said: “I find force in the arguments put forward by the agent for the opponent (HUL) that with the teachings disclosed in the cited documents, it is obvious for a person skilled to arrive at the invention claimed in the present application, and in view of this, came to a conclusion that the opponent has succeeded in establishing this ground of lacking inventive step and this application for a patent is liable to be refused on this ground alone.”
HUL further argued that Eureka Forbes has acknowledged that the inventive merit of the claimed invention lies in the usage of iron removal cartridge.
It was therefore submitted that the scope of the alleged invention cannot be extended to claim a water purification device, especially when the water purification device per se has been claimed in the application.
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