Patent decision

BL number

O/307/03

Concerning rights in

GB 0026317.8

Hearing Officer

Mr M C Wright

Decision date

14 October 2003

Person(s) or Company(s) involved

Mr Paul Neil MacMullen

Provisions discussed

Patents Rules 1995, Rule 110(4)

Keywords

Extensions of time

Related Decisions

None

Summary

During the period prescribed for filing a request for preliminary examination and search, the applicant did not have the funds necessary to pay the £130 fee which had to accompany such a request. However, the Hearing Officer was satisfied that the applicant had made strenuous attempts to obtain the funds to pay the fee. In referring to the reasoning set out in the decision on Heatex Group Limited's Application [1995] RPC 546, the Hearing Officer was satisfied that the applicant's continuous efforts to obtain funds to pay the fee was an indication of his continuing underlying intention to request preliminary examination and search and there was nothing to suggest that he had digressed from that objective and had since changed his mind. The Hearing Officer therefore allowed the extension request.

Full decision O/307/03 21Kb