Patent decision

BL number

O/0882/26

Hearing Officer

Mr I Gribanov

Decision date

28 September 2026

Person(s) or Company(s) involved

Simon Wright

Provisions discussed

Sections 1, 3, 14(3), and 14(5)(b)

Keywords

Clarity, Inventive step

Related Decisions

None

Summary

The application relates to a composition for use in artworks comprising a mixture of red colouring with red wine, wherein the ratio of red colouring to red wine is from 3:1 to 2:1.

The hearing officer followed the guidance for considering selection inventions set out in Generics v Yeda to establish that the technical effect of the selected ratio has not been made plausible by the as filed specification but rather amounted to an arbitrary selection from a broader known range. The hearing officer followed the Pozzoli test to conclude that the claimed invention lacked the necessary inventive step. As a result, sufficiency and clarity were not considered in detail.

The application was refused under Section 18(3).

Full decision O/0882/26 247Kb