Patent decision

BL number

O/0764/24

Concerning rights in

GB2206827.4

Hearing Officer

Mr A R Bushell

Decision date

13 August 2024

Person(s) or Company(s) involved

Stephen L Thaler

Provisions discussed

Patents Act 1977 sections 13(2), 15(9), 117 and Patents Rule 107.

Keywords

Correction, Divisional application, Inventorship, Rectification of irregularities, Withdrawal

Related Decisions

O/741/19, O/447/22

Summary

This decision relates to several different issues. The first considers whether a divisional application can be taken to be filed on time if its parent application was retrospectively deemed withdrawn prior to its date of filing. The second concerns whether a replacement form 7 was filed on time, and if the information therein meets the requirements of section 13(2) of the Act.

The Hearing Officer found that as the parent application was retrospectively withdrawn prior to the date on which the divisional application was filed, the application in question cannot be granted divisional status. The application shall therefore proceed with its own date of filing.

The Hearing Officer went on to consider the issues regarding the filing of the replacement Form 7. Whilst the Hearing Officer concluded a procedural irregularity had been made by the Office in processing the previous Form 7, they did not feel rule 107 should be used to extend the 16-month period to allow the late filing of the replacement Form 7 as the latest form still failed to meet the requirements of section 13(2) of the Act. The application was therefore deemed to be withdrawn.

Full decision O/0764/24 323Kb