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United Kingdom Intellectual Property Office Decisions
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GAT Microencapsulation Gmbh and Syngenta Ltd (Patent) [2008] UKIntelP o03908 (13 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o03908.html
Cite as:
[2008] UKIntelP o03908,
[2008] UKIntelP o3908
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GAT Microencapsulation Gmbh and Syngenta Ltd [2008] UKIntelP o03908 (13 February 2008)
For the whole decision click here: o03908
Patent decision
- BL number
- O/039/08
- Concerning rights in
- EP 0824313
- Hearing Officer
- Mr P Back
- Decision date
- 13 February 2008
- Person(s) or Company(s) involved
- GAT Microencapsulation Gmbh and Syngenta Ltd
- Provisions discussed
- Section 72
- Keywords
- Amendment, Inventive step, Revocation, Sufficiency
- Related Decisions
- None
Summary
An application for revocation of the patent was made by GAT Microencapsulation Gmbh. Syngenta did not attempt to defend the patent as granted. Instead, it proposed amendments to the claims and sought to defend the patent as amended from the allegations of lack of inventive step and insufficiency. GAT objected to the attempt to amend, and also maintained that the amendments did not overcome its objections in any event. The Hearing Officer found the amendments to be allowable and that the attacks based on insufficiency and lack of inventive step failed. He accordingly found the patent as amended to be valid.