The Intellectual Property Appellate Board (IPAB) has revoked one more patent of Aloys Wobben, founder of Enercon GmBH, for a wind power installation and process for the operation of the same, in a petition filed by Enercon (India) Ltd. This is the fourth patent of Wobben the Appellate Board revokes since the beginning of June this year.
The petition was filed by Enercon (India) Ltd, which was as a joint venture between Enercon GmBH and the Mehra Group, for revocation of Patent granted to Aloys Wobben.
The petition was earlier heard in 2010 and orders were reserved, the technical member who heard the petition retired and the case was listed and heard again. During the hearing later, patent owner has sought an amendment of the claims, which the Board rejected.
The order, issued on August 8, said that the claims as originally filed cannot be accepted as they are partially anticipated and the claimed invention is found to be obvious. It further added that the conduct of the respondent (Aloys Wobben) is one of the reasons for not allowing the amendment, and the Board is inclined to allow the revocation application.
During the argument, the expert of Aloys Wobben has submitted that the measuring means which measures the mechanical load acts directly while it was not possible in the prior art (earlier known information related to the invention).
It may be noted that at least three other patents of Alloys Wobben has been revoked by the IPAB since June, this year. The relationship between the joint venture partners became bad in 2007 and the fight between the two took place in various forums including the Company Law Board and various High Courts, according to various reports.
