!! Government of India Wins Major Patent Battle Conducted by S. Majumdar & Co. !!

After Neem, Haldi, Basmati the patent battle for India to free traditional/prevailing knowledge in India on its natural resources and their uses from patent monopoly continues and now it is the use of Hessian, a naturally grown product in India that had to be freed from the monopolistic grab of patents. An UK based Company GEOHESS had patented under European Patent No. 0728048 the use of hessian cloth /sheet to cover waste/dumping grounds. A royalty of 65% on the cost of Hessian was being charged by Geo-Hess on the use of hessian covers for waste in Europe based on the claimed invention.
It was through a coordinated effort of the Kolkata based Jute Manufacturers Development Council, India (JMDC) and Indian Jute Industries Research Association (IJIRA) under advise of their Patent Attorneys M/s. S. Majumdar & Co., India that the patent could be revoked and the use of hessian for waste cover in Europe freed of patent exclusivity/compulsions.
Based on the documented and substantiated opposition to the Geohess patent made out by JMDC under able counseling of their Attorneys S. Majumdar & Co. the EPO ,Opposition Division, finally ordered the revocation of the patent on the ground of lack of inventive merit. M/s. S. Majumdar & Co. who were extensively involved in preparation of the JMDC opposition evidenced before to the EPO Opposition Division that use of hessian cover is no different from the well known canvas cover for waste to qualify as an invention. In its order revoking the Patent the Opposition Division observed that it does not involve an inventive step to substitute finer and higher quality jute fabric by a stronger coarse jute fabric for same use. The revocation order would now free the use of Hessian as waste cover from any patent exclusivity/compulsions in Europe.

Kolkata, Sept. 14 - The Jute Manufacturers Development Council (JMDC) today claimed a major victory for the ailing jute industry stating that it had succeeded in fighting and obtaining a revocation of a UK- based firms patent for use of hessian cloth to cover waste and dumping grounds. JMDC sources said that with the help of the former Indian Jute Mills Association chairman, Mr. Sanjay Kajaria, it had succeeded in preventing what could have been another loss for the country after foreign firms had obtained patents for basmati rice, haldi (turmeric) and neem.
According to a JMDC press release a British company, Geohess, received the European patent under the head of invention for use of hessian cloth which gave it exclusive rights in almost all European countries and it charged 60 per cent royalty.
The patent was challenged jointly by The IJMA, JMDC and Indian Jute Industries Research Association after they learnt from a firm that it was billed by Geohese to pay royalty for using hessian cloth for covering waste, the source said.
After a keenly contested opposition proceeding in the European Patent Office, a 13 August order in favour of JMDC revoked the grant thus making use of hessian for waste cover available free of monopoly, adds PTI.
The move augured well for the jute industry, which was now expecting to register a sharp jump in export because of the revocation of the patent and recent grant of DEPB benefit, industry sources added.
Geohess, taking advantage of global environment concerns and anticipating a huge market demand for biodegradable covers for waste filed an application in 1994 claiming novelty and inventive merits in use of hessian, a variety of jute cloth. The provisional patent right on pending European patent applications allowed in some EU countries enabled Geohess patent in Europe.
Geohess exclusively sold about 4.5 million sqm of hessian for use as covers for waste and dumping grounds and about 1.1 million sqm as grant of license, though the patent was initially granted on June 1999. JMDC in consultation with the Patent Attorneys, S. Majumdar & Co. and their associate Attorney in the UK, Roberts & Co., challenged the Geohess patent on grounds of lack of novelty and lack of inventive merits.