Hindustan lever vs eureka forbes (aquasure case)

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Hindustan UniLever Vs Eureka Forbes
(Aquasure Case)
N.Vignesh Kumaran B.E.
Patents & Designs Department,
Altacit Global

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
WHAT IS A PATENT?
A patent is an exclusive right granted for an invention, which is a product
or a process that provides, in general, a new way of doing something, or
offers a new technical solution to a problem. To get a patent, technical
information about the invention must be disclosed to the public in a patent
application.
Among various requirements of patentability, novelty and non-
obviousness/inventive step requirements are judged based on prior art. A
claim of a patent application is considered to be novel if the claim is not
anticipated by a prior art reference.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
An Indian giant company indulged in water purification system and sole
manufacturer "Eureka Forbes" filed a patent application at the Chennai
Patent office. The filed Patent application no:1008/CHE/2006 having the tile
"AQUASURE IRON REMOVER PRODUCT” on October 27, 2006
INTRODUCTION

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Pre-grant opposition can be made on the grounds listed under section
25(1)(a) to (k) of the Patent Amendment Act, 2005:
• Wrongfully obtaining the invention
• anticipation by prior publication
• anticipation by prior date, Prior claiming in India
• Prior public knowledge or public use in India
• Obviousness and lack of inventive step
• non patentable subject matter
• insufficiency of description of the invention
• non-disclosure of information as per the requirement or providing
materially false information by an applicant
PRE-GRANT OPPOSITION

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Indian MNC Hindustan Unilever Ltd filed pre-grant opposition
against the patent application stating that "the usage of ion exchange
resin for the removal of iron as well as its usage in gravity water
filters on the ground for lacking substantive amount of innovation,
inventive step and inadequate discloser concerning the invention
applied for. Eureka Forbes replied stating that
CASE HISTORY

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Opposing the patent, Hindustan Unilever contended that ‘the usage of
ion exchange resin for the removal of iron as well its usage in gravity
water filters is well known in prior arts’, and it even argued that the
patentee also failed to provide comparative test with respect to the
closest prior art as well as the data in relation to its distinguishing
feature along with details of the novel result accomplished from the
alleged claimed invention. The impugned patent application failed to
satisfy the basic patentability criteria of obviousness and inventive step
as requisite by any invention to be patented.
CONT…

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTROLLER’S DECISION
• M Ajith, assistant controller of patents and designs, Chennai, said: “I find
force in the arguments put forward by 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.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONT…
• 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.
• The patent office refused to entertain the application of the patentee after
considering the pre-grant opposition filled by one of the biggest
competitor of the patentee, Hindustan Unilever (HUL) hearing their
submissions as endeavoured.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Prosecuting patent applications requires thorough understanding of the
grounds that can be used by patent examiners for rejecting claims and
recourse patent applicants can take to deal with such rejections.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com