The opposition was brought by two opponents, European Aerosols and Peter Kwasny, against Wisespray International’s European patent EP3592812. In its decision of 10th October 2023, the Opposition Division upheld the patent based on the patentee’s main request.
Wisespray International is an aerosol spray technology company that develops, licenses, and manufactures highly innovative products. The patent under dispute protects technology relating to accurate color tinting of aerosol base paints.
Grant of the patent was opposed by two of Wisespray’s competitors, the companies European Aerosols (represented by Ullrich & Naumann, Germany) and Peter Kwasny (represented by Schneiders & Behrendt, Germany). The Opposition Division rejected the opponents’ requests to revoke the opposed patent, who had argued on the grounds of added subject matter as well as lack of sufficient disclosure, novelty, and inventive step. The decision can be appealed by each of the opponents.
Representatives of Wisespray: