IP Case Digest · Patents

Novozymes A/S v. The Controller of Patents, (T)CMA(PT) 156/2023

Case number
(T)CMA(PT) 156/2023
Date of judgment
Outcome
Remanded

Headnote

A refusal under section 3(b) for likely harm to animals was set aside where the specification showed the enzyme process was for the beamhouse or wet treatment of hides and skins in tanneries, that is on dead animals, even though it did not say so in explicit terms. The applicant was given liberty to amend to make that clear. On inventive step the Controller relied on one of four tables put forward and cherry-picked parts of another.

Read the judgment (PDF)

Disposition

Allowed. Matter remanded for de novo consideration by a different Controller, with liberty to amend.

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