Patent decision

BL number

O/0134/24

Concerning rights in

GB2010332.1

Hearing Officer

Dr L Cullen

Decision date

20 February 2024

Person(s) or Company(s) involved

Kelly Green Living Ltd

Provisions discussed

Patents Act 1977; Section 1(1)(b)

Keywords

Inventive step

Related Decisions

None

Summary

This application concerns a dry shampoo composition suitable for the treatment of head lice, the composition including diatomaceous earth and cornflour.

The hearing officer (HO) assessed the inventiveness of the identified inventive concept using the reformulated Windsurfing approach set out in Pozzoli SPA v BDMO SA. The HO concluded that the person skilled in the art, when presented with any of the cited documents and, aware that cornflour can be used in dry shampoo compositions, would not have concluded that such a composition could be used as a dry shampoo suitable for treatment of adult head lice. As such, the HO concluded that this application does involve an inventive step over the prior art.

There being no further outstanding matters, the application was remitted back to the examiner to complete the necessary steps to grant this patent.

Full decision O/0134/24 225Kb