IP Case Digest · Patents

Frito-Lay Trading Company GmbH v. The Assistant Controller of Patents and Designs, (T)CMA(PT) 202/2023

Case number
(T)CMA(PT) 202/2023
Date of judgment
Outcome
Set aside

Headnote

Grant directed. A reduced-sodium table salt formulation was not a mere admixture of two inorganic salts within section 3(e): the inventive contribution lay in forming aggregates from the primary particles by heating, compaction or exposure to diluted steam, and the synergistic effect was demonstrated in the worked examples, which the Controller overlooked. Both cited documents taught away, one seeking to minimise aggregates and the other relying on citric acid. The section 3(e) objection was also absent from the First Examination Report and surfaced only in the hearing notice.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside; the applicant held entitled to grant on Indian Patent Application No. 4689/CHENP/2010.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.