Patent decision

BL number

O/0912/26

Concerning rights in

GB2627840B

Hearing Officer

Dr J E Porter

Decision date

2 October 2026

Person(s) or Company(s) involved

Owenscorp France S.A.S. and Grey Angelo-Sung Buscem

Provisions discussed

Patents Act 1977 sections 29, 72

Keywords

Costs, Novelty, Revocation, Surrender

Related Decisions

None

Summary

The decision concerns an (undefended) application to revoke a UK patent and an offer by the proprietor to surrender the patent. The offer to surrender was not opposed.

The claimant contends that the invention lacks novelty and inventive step, and that matter disclosed in the patent specification extends beyond that disclosed in the application as filed.

Following established practice, the hearing officer considered the grounds for revocation before deciding whether to accept the surrender offer.

With no defence having been filed, he adopted the usual approach of considering the matter as if each specific fact set out in the statement of grounds had been conceded, except insofar as was contradicted by other documents before him.

On that basis, he determined that at least one ground for revocation had been made out. In particular, a video exhibit predating the priority date of the invention disclosed the invention as defined in claim 1 (at least).

The patent was found to be invalid and ordered to be revoked. The offer to surrender was not accepted.

Since the patent proprietor had not joined proceedings as defendant, there was no award of costs.

Full decision O/0912/26 178Kb