Patent decision

BL number
O/084/06
Concerning rights in
GB2353752
Hearing Officer
Mr B Micklewright
Decision date
24 March 2006
Person(s) or Company(s) involved
Byron Roy Best & Vernon Lewis
Provisions discussed
PA 1977, Secton 28(3)
Keywords
Restoration
Related Decisions
None

Summary

One of the proprietors (P) changed his address on 2 June 2002. P's address was the primary address for the patent and all Office reminders were therefore sent to that address. P did not inform the Patent Office of his change of address. Instead he set up an informal forwarding arrangement with the new occupant of his old address. The proprietors failed to pay the sixth year renewal fee, due on 3 September 2004, more than two years later.

The proprietors were individuals in a small way of business and therefore it was reasonable for them to rely on Office reminders to pay renewal fees. The Office reminder was however sent to P's old address and P never received that reminder. The hearing officer held that on the balance of probabilities the reminder did arrive at his old address and that the forwarding system P put in place was not sufficiently robust and reliable to be relied on for the payment of renewal fees. Moreover there was no other suitable reminder system in place.

The hearing officer therefore held that the proprietors had failed to take reasonable care to ensure that the renewal fee for the sixth year was paid within the prescribed period or that the fee and any prescribed additional fee were paid in the six months immediately following the end of that period. The request for restoration was therefore refused.

Full decision O/084/06 PDF document24Kb