Patent decision

BL number

O/063/00

Concerning rights in

GB9717298.5

Hearing Officer

Mr S N Dennehey

Decision date

21 February 2000

Person(s) or Company(s) involved

Siemens Medical Systems Inc

Provisions discussed

PA 1977 sections 14(9) and 117

Keywords

Correction, Withdrawal

Related Decisions

None

Summary

Following A-publication but before substantive examination, the agents for the applicant wrote to the Office stating that the application was withdrawn and requesting a refund of the examination fee. Four days later, before the Office had taken any action to update the Register, the agents contacted the Office stating that the applicants wished to rescind their decision to withdraw. This was because it had been filed following a clerical error arising in paperwork between the agent and the applicant.

The agent asked to correct the withdrawal letter under s.117 of the Act. The hearing officer first examined the request for withdrawal and held it to be clear and unequivocal. Following established case law, he therefore held that irrespective of any error, no power to correct the withdrawal letter was available under s.117 or rule 100. The hearing officer also held that the effective date of withdrawal was the date that the letter was received in the Office, not the date that the Register was updated to show the withdrawal.

Full decision O/063/00 22Kb