Patent decision

BL number
Concerning rights in
Hearing Officer
Mr A C Howard
Decision date
14 April 2011
Person(s) or Company(s) involved
Welland Medical Limited and Phillip Arthur Hadley
Provisions discussed
Patents Act 1977 Sections 8(1)(a), 12(1)(a)
Related Decisions


The patent application relates to a material for an ostomy bag which would enable the bag to be fully flushable down a toilet. The claimant argued that the inventive concept had been devised by a consultant working for them and communicated to the defendant in the course of a meeting, following which the defendant had filed the application. The hearing officer, after identifying the inventive concept of the application, considered that the defendant and the consultant had in reality developed different solutions to the problem of a fully flushable ostomy bag, and that the inventive concept in the application related solely to the defendant’s solution. The reference under sections 8 and 12 was accordingly refused.

Full decision O/133/11 PDF document280Kb