Patent decision
- BL number
- O/243/15
- Concerning rights in
- GB2429159
- Hearing Officer
- Mr H Jones
- Decision date
- 27 May 2015
- Person(s) or Company(s) involved
- Norbrook Laboratories Ltd v Bimeda R&D Ltd
- Provisions discussed
- Sections 72
- Keywords
- Added subject matter, Claim construction, Inventive step, Novelty, Revocation
- Related Decisions
- None
Summary
The patent relates to a single injector device for the delivery of two components into the teat canal of a non-human animal and has particular application in the treatment of bovine mastitis (an inflammatory disease in the udder of an animal, e.g. a dairy cow). The claimant applied for revocation of the patent on the grounds of lack of novelty and lack of inventive over the prior art and also for added matter. On the basis of written evidence and the testimony of witnesses at hearing, the hearing officer decided on such matters as claim construction, the identity of the skilled person and the common general knowledge before analysing each of the grounds for revocation in detail. The hearing officer concluded that there was no basis for revoking the patent and refused the application. Costs were awarded to the patentee.
Full decision O/243/15 
572Kb
