Skip to main content

A post-grant opposition was filed against Indian patent no. 197527 by Elofic Industries (Opponent) on November 22, 2010. Anand and Anand represented the Opponent and won the post-grant opposition against the patentee, Mahle Filter Systems. The patent covered an invention related to metal-free filter for automobiles and method for manufacture thereof. Anand and Anand had filed the opposition on the grounds of anticipation, lack of inventive step, prior knowledge and insufficiency. The Controller found the arguments of the Opponent on the ground of inventive step convincing and allowed the opposition while revoking the patent.

The patentee claimed formation of a polyamide weld layer between the plastic end caps and the opposing end of filter element as one of the prime inventive feature of the patent under opposition. The Opponent argued that the formation of a polyamide weld layer between the plastic end caps and the opposing end of the filter element is an obvious result of the technology disclosed in the cited documents. In light of the disclosure of the cited documents and submissions of the Opponent, all the essential technical features of the claims including the weld layer were found obvious by the Controller. Moreover, it was held that the impugned invention does not achieve anything over and above the expected.

Significance: The Controller acknowledged lack of inventive step in spite of no literal support for the feature of ‘a polyamide weld layer between the plastic end caps and the opposing end of filter element’ in the cited documents but based on inherent presence of a said feature in the prior art.

Team Anand and Anand: Archana Shanker and Sandeep Pandey

Most Recent

News & Insights

VIEW ALL
News & Updates
Aug 25, 2025

At the FICCI–ICRIER Conference on SEPs (23rd August 2025), our Managing Partner Mr. Pravin Anand shared his vision on how India can evolve from being

Conference on Standard Essential Patents (SEPs)
News & Updates
Aug 24, 2025

‘Intellectual Property for a company/ creator is as critical and important as human rights for an individual,’ this guiding belief at ANAND AND ANAND

IAM Strategy 300
Thought Leadership
Aug 21, 2025

‘First published on IAM’ By:  Vaishali R Mittal Patent examination by the Indian Patent Office (IPO) has slowed down dramatically over the last few

Patent examination slowdown risks harming India’s IP momentum
Thought Leadership
Jul 28, 2025

‘First published on Asia IP’ By: Pravin Anand In the book What is Life, written in 1944 by theoretical physicist Erwin Schrödinger, the author states: “A

Human versus machine consciousness