Patent body dismisses HUL's appeal on hair-conditioner

The Intellectual Property Appellate Board has dismissed an appeal by fast-moving consumer goods company Hindustan Unilever Ltd (HUL) for recognising the company's patent claim for a hair-conditioning agent.

HUL had sought reversal of an earlier order of the Patent Office that rejected its claim.

The company had filed the patent application in 2007, entitled "Water-in-oil micro-emulsions for hair treatment", with 15 claims. The Patent Office rejected the claim in 2011, observing the the claims did not involve an inventive step in view of previous US and international patents. The International Searching Authority has also given its opinion that though the claims were new, those could not be said to be inventive. The "invention", HUL argued, would enhance sensory properties and compatibility of hair benefit agents such as hair conditioners. After its claim was rejected, the consumer goods company approached the IPAB challenging the Patent Office decision.

HUL had also amended its claim saying the water level in the "invention" was fixed at 10 per cent in weight, which if exceeded, could lead to a hazy product, undesirable to users of hair oil. The counsel appeared for the company argued the amended claims were not considered by the Patent Office earlier.

However, the IPAB order, issued by chairman justice Prabha Sridevan and technical member (patents) D P S Parmar, said: "In any event, the case indeed put forward before us that it is the reduced percentage of water which is the invention, whereas in the patent specification, it was the inclusion of the non-ionic emulsifier, the inclusion of which is taught by the prior art. For these reasons, we are not inclined to interfere with the order of the Controller. The appeal is dismissed."

The Indian Patent Office is administered by the Office of the Controller General of Patents, Designs and Trade Marks.