Patent decision

BL number

O/145/02

Concerning rights in

GB 2314719

Hearing Officer

Mr D J Barford

Decision date

4 April 2002

Person(s) or Company(s) involved

Eastman Kodak Company v American Photo Booths, Inc

Provisions discussed

PA 1977 section 72

Keywords

Amendment, Revocation

Related Decisions

None

Summary

The claimant sought discretion to amend its statement and include additional grounds for revocation under section 72(a) and (c), on the basis that the counterstatement had raised new issues. The request was opposed by the defendant.

It was held that the no new issues were raised in the counterstatement, that the new grounds could have been raised at the outset and that the defendant had not exercised due diligence. However, it was also held that inclusion of the new grounds would not alter the essential nature of the proceedings, that the public interest would be best served by taking all issues into account and that the defendant would not be significantly disadvantaged thereby. In consequence inclusion of the new grounds was allowed.

Full decision O/145/02 17Kb