Patent decision
- BL number
- O/0268/24
- Concerning rights in
- GB1517379.2/GB2543038 and GB1616802.3/ GB2545050
- Hearing Officer
- Mr C Jarman
- Decision date
- 27 March 2024
- Person(s) or Company(s) involved
- Clifton Packaging Group Ltd
- Provisions discussed
- Patents Act 1977 Section 28, Patent Rules 2007 rule 107, rule 111
- Keywords
- Restoration
- Related Decisions
- None
Summary
This decision is concerned with whether two patents could be restored under the provisions of Section 28 following the failure to pay renewal fees.
The request to restore the patents was received outside of the usual period within which a request to restore a patent under Section 28 can be made. Consideration was therefore given to whether the provisions of rule 107, which enable the Comptroller to correct errors arising from irregularities in Office procedures, might enable the patents to be restored but no such irregularity could be identified. Similarly, consideration was given to whether rule 111, which enables the Comptroller to extend time periods in order to remedy situations which have arisen as a result of delays or breakdowns in communication services, might be relevant but no such breakdown in communication services could be identified.
Accordingly, while the patents lapsed as a result of an unfortunate set of circumstances, there was no legal avenue by which they might be restored. The application to restore the patents was therefore refused.
Full decision O/0268/24 
170Kb
