Archives for July 2010
MacDermid Incorporated (“MacDermid”) filed an application with the Intellectual Property Office of Singapore (IPOS) to revoke Singapore Patent No. 45087 entitled “Copper Coating” – owned by Alpha Fry Limited (“Alpha Fry”) – on 14th August 2001.
Alpha Fry received a copy of the application along with the statement of the grounds of revocation from IPOS and subsequently filed their counter-statement, a copy of which was served to MacDermid, accompanied by a copy of the proposed amendments to all the claims. MacDermid then filed evidence in support of their case, with Alpha Fry following suit.
During a Pre-Hearing Review attended by the IPOS Patent Registrar and the representatives of MacDermid and Alpha Fry, both parties involved agreed to stay the Singapore proceedings until the European proceedings relating to the corresponding European patent was resolved, and worked on settlement terms in the meantime.
Maestro Swiss Chocolate Sdn Bhd (the defendant) manufactures and sells various types of chocolates under the brand names ‘Vochelle’ and ‘Maestro SWISS’ in Malaysia. Chocosuisse Union des Fabricants Suisses de Chocolat (the 1st plaintiff) is a cooperative society formed in Switzerland, whose responsibility is to protect the worldwide reputation and goodwill of its members – chocolate manufacturers in Switzerland – which includes Kraft Food Schweiz (the 2nd plaintiff) and Nestle Suisse SA (the 3rd plaintiff) who claim to have substantial goodwill and reputation in Malaysia in relation to their Swiss chocolates.
The Japan Patent Office (JPO) has published a set of revised guidelines on 23rd October 2009 that deals with the patent office examination practice of medicinal invention specified by “dosage and administration”, and of an invention relating to a medical activity. This brief article will look at the former guidelines. We believe this advancement in patent granting procedure for medicinal inventions would have a bearing in the Malaysian patent grant practice.
Traditionally, a medical use invention of a compound or composition has been protected as a pharmaceutical composition or a therapeutic agent which is defined by an ingredient compound and a medical use thereof or as a diagnostic product. But any invention relating to a “medical activity” conducted by a medical professional, such as invention of a method for surgery, therapy or diagnosis of a disease in a human (or animal) was not considered as industrially applicable and therefore not patentable (similar situation under the Malaysian Patents Act).