Patent decision

BL number

O/137/04

Concerning rights in

GB 2231602

Hearing Officer

Mr M C Wright

Decision date

17 May 2004

Person(s) or Company(s) involved

B.W.N. Live Oil Pty Ltd

Provisions discussed

Patents Act 1977, Section 28(3)

Keywords

Restoration

Related Decisions

None

Summary

Mr Carroll, the Managing Director of the proprietor company, who had overall responsibility for seeing that the patent was renewed, instructed his assistant to prepare a cheque for payment of the patent renewal fee. Inexplicably the assistant prepared a cheque for payment of a trademark application which she knew Mr Carroll had decided not to pursue. When presented with the cheque for signature Mr Carroll had no reason to believe it was for anything other than the patent renewal as he had instructed, particularly as it was for a similar amount. Consequently, the patent was not renewed. The Hearing Officer took the view that Mr Carroll had taken reasonable care to see that the renewal fee was paid by issuing clear and unambiguous instructions to an experienced, competent and trusted employee and that the failure of that employee to carry out those instructions, contrary to her duties, was not something Mr Carroll could have foreseen. The Hearing Officer therefore decided to allowed restoration.

Full decision O/137/04 267Kb