Patent decision

BL number

O/0212/24

Concerning rights in

GB2011432.8

Hearing Officer

Mr B Buchanan

Decision date

12 March 2024

Person(s) or Company(s) involved

FGX Sport Limited

Provisions discussed

Patents Act 1977, Section 18(3)

Keywords

Extensions of time

Related Decisions

None

Summary

An examination report was issued on the application with a latest date for reply of 13 March 2023. The Applicant telephoned the Examiner on 2 August 2023 to discuss how to file a late response. A response was subsequently received on 8 September 2023. The Examiner refused to accept the response as there was a gap in the delay timescale not covered by the reasons given. Subsequent reasoning was supplied, which the Examiner also rejected. The Hearing Officer considered the guidance in the Manual of Patent Practice in paragraph 18.54 when applying the requirement of Section 18(3) to respond within a specified period. The Hearing Officer found that notwithstanding the criterion of 18.54, appropriate circumstances enabled the exercise of discretion. The Applicant was given the benefit of the doubt as the requirements to be met which were discussed on the telephone had not been communicated clearly, or properly recorded. The late filed response was allowed.

Full decision O/0212/24 169Kb