Patent decision

BL number

O/0550/23

Concerning rights in

GB2214988.4

Hearing Officer

Mr B Buchanan

Decision date

13 June 2023

Person(s) or Company(s) involved

SP NUTRACHEMICALS INC

Provisions discussed

Patents Act 1977, sections 1(1)(a), 1(1)(b), 2, 3

Keywords

Inventive step, Novelty

Related Decisions

None

Summary

The application relates to the use of hydroquinone ß-D-glucopyranoside, also called arbutin, to treat kidney stones. The claims specify a composition consisting of arbutin to exploit its anti-lithogenic properties for the treatment of calcium oxalate-based nephrolithiasis to reduce their size and/or number. Auxiliary claims specify a dosage range. The prior art discloses arbutin in combination with other agents for the treatment of kidney stones, and the use of arbutin alone to treat conditions including kidney stones. In deciding whether or not the claims define a novel invention, the Hearing Officer considered whether the disclosure of the prior art met the requirement for prior art to result in something which would constitute infringement if the claim in question were valid (fromGeneral Tire & Rubber Company v Firestone). He also consideredMerrell DowandEvans Medicaland concluded that the requirements of the claim were plausibly and inevitably met by the disclosure of the prior art in the eyes of the skilled person because the necessary information was provided. The main and auxiliary claims were found to lack novelty or inventive step and the application was refused.

Full decisionO/0550/23  351Kb