European Patent Office, Technical Board of Appeal

Neem patent revocation (EP 0436257, T 0416/01)

T 0416/0120051 min read
The case in brief30-second read
Facts
EP 0436257, held by W R Grace and the USDA, claimed a method of controlling fungi on plants with hydrophobic extracted neem oil. It was opposed on the basis of prior use in India and revoked by the Opposition Division.
Issue
Whether the patent was valid over the prior art.
Held
The Board of Appeal dismissed the patentees' appeal on 8 March 2005. The main claim lacked inventive step and the auxiliary request extended beyond the original disclosure, so the revocation stood.
Principle
Traditional knowledge in public use can be prior art that defeats a patent.
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Facts

  • EP 0436257, held by W R Grace and the USDA, claimed a method of controlling fungi on plants with hydrophobic extracted neem oil. It was opposed on the basis of prior use in India and revoked by the Opposition Division.

Issue

  1. Whether the patent was valid over the prior art.

Held

  • The Board of Appeal dismissed the patentees' appeal on 8 March 2005. The main claim lacked inventive step and the auxiliary request extended beyond the original disclosure, so the revocation stood.

Cite this

Citation

Neem patent revocation (EP 0436257, T 0416/01) T 0416/01

Reported: https://www.epo.org/en/boards-of-appeal/decisions/t010416eu1 (EPO decision; not on IK or SCI). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.