The Intellectual Property Appellate Board (IPAB) has directed the Patent Office to grant a patent to the national R&D organisation Council of Scientific & Industrial Research (CSIR) for a novel iodising agent finding its use in iodised salt.
The Patent Office, New Delhi, had earlier refused to provide its nod on a pre-grant opposition filed by Hindustan Lever.
The patent application, titled 'iodising agent and process for preparation thereof', related to a novel process for the preparation of stable iodising agent, which can be effectively used in the formulation of iodised salt, wherein it offers stability to iodine. The CSIR had filed the application on June 30, 2004, which was published on June 23, 2006.
Hindustan Lever had filed a pre-grant opposition on December 21, 2006, alleging the claimed invention was obvious and not an invention within the meaning of the Patent Act, 1970, among others.
Considering the appeal, IPAB chairman Justice KN Basha and technical member (Patent) DPS Parmar in an order said, "We are constrained to set aside the impugned decision of the Assistant Controller of Patents & Designs", Patent Office, New Delhi, dated June 20, 2013."
Hindustan Lever recently informed IPAB that due to a change in its business priorities, it was no more interested in pursuing its opposition in the matter. The claimed invention reduces the cost of purification of salt besides maintaining the iodising agent in the stable form, observed the Patent Board.
Until recent years, iodine deficiency was a recognised disorder in various parts of the world. The most effective and widely employed method for correcting iodine deficiency is salt iodisation and it has been part of health programmes of various international organisations focusing on health.
