Patent decision

BL number

O/0338/25

Concerning rights in

GB1401095.3 / GB2518913

Hearing Officer

Mr N Smith

Decision date

8 April 2025

Person(s) or Company(s) involved

Carol Ann Smith, Daniel John Cooper

Provisions discussed

Section 25, section 28; rule 40

Keywords

Restoration

Related Decisions

None

Summary

The decision concerns whether the patent could be restored under the provisions of Section 28 following the failure to pay a renewal fee.

The proprietors had previously had an application for restoration accepted, subject to payment of outstanding renewal fees. The outstanding fees were not paid, and the application to restore was subsequently refused. The proprietors then filed a further application for restoration, long after expiry of the normal time period within which to restore the patent.

Consideration was given to the circumstances between the notification of the outcome of the first application for restoration, and the subsequent refusal of that application for non-payment of the outstanding renewal fees. The Hearing Officer found, however, that these factors were not relevant to the current application. Considering the second, current application for restoration, the Hearing Officer found that it had been filed out of time and so could not be allowed.

While the Hearing Officer was sympathetic to the applicant’s situation, the application for restoration was therefore refused.

Full decision O/0338/25 163Kb