Patent decision

BL number

O/0722/26

Concerning rights in

EP(UK)3820580

Hearing Officer

Mr A R Bushell

Decision date

11 August 2026

Person(s) or Company(s) involved

Javier Rodriguez Perez

Provisions discussed

Sections 25 and 28 of the Patents Act. Rules 40 and 108 of the Patents Rules

Keywords

Extensions of time, Restoration

Related Decisions

None

Summary

This decision is concerned with an application to restore a lapsed EP(UK) patent under the provisions of Section 28 following a failure to pay renewal fees.

The request to restore the patent was made outside of the period prescribed by rule 40 for making such a request. The proprietor had experienced a breakdown in the communication between himself and his professional representative, and by the time he was aware of the situation the period for paying the renewal fees and for applying to restore the patent had both lapsed. Consideration was given to the circumstances leading to the patent lapsing, but I could find no provision under the Act or Rules to allow the request.

The application to restore the patent was therefore refused

Full decision O/0722/26 206Kb