L’Oreal USA, Inc. manufactures and markets cosmetic products. The Company’s cosmetic line includes brand names such as L’Oreal, L’Oreal Professionel, Maybelline, Ralph Lauren Fragrances, and Georgio Armani Parfums. L’Oreal has worldwide operations.
In India, the Pharmaceutical business of Loreal is focused on method for the additive manufacture of a three-dimensional object comprising or forming a cosmetic composition by application of a photoactivatable material onto a powder, and associated apparatus, aerosol containing an emulsion deodorant, equipped with a hollow dispensing head, aerosol oil foam compositions comprising a triglyceride-based oil and surfactant.
Loreal filed patent application numbered 8534/DELNP/2015 that is titled SOFT SOLID OIL IN WATER EMULSION COMPRISING A MIXTURE OF NONIONIC SURFACTANTS A WATER SOLUBLE POLYSACCHARIDE AND A WAX COMPRISING AT LEAST ONE ESTER. This Patent Application has been granted as as Patent number 317652.
The invention covers pharmaceuticals compound. This invention relates to a cosmetic process for treating human perspiration and/or perspiration-related body odour, which consists in applying to the surface of a human keratin material a composition as defined previously comprising at least one deodorant active agent and/or one antiperspirant active agent.
During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act that the claims 1-17 fall within the scope of such clause of section 3(d) of the patent act, 1970 and are not allowable.
As a response to the said objection, the applicant submitted that the submissions of the Applicant are as under:
i. The provision clarifies its application viz., “new forms of known substances” – meaning thereby – there has to be a “known substance”. In the absence of a “known substance” there cannot be a “new form”
ii. “Explanation” part of Section 3(d) provides exemplification that salts, esters etc. of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy. It is worth noting that such exemplification does not include any composition such as claimed in the present invention.
iii. The section further clarifies that even “new forms of known substances” are patentable – if significant therapeutic efficacy is shown.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
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