Patent decision

BL number

O/246/18

Concerning rights in

EP(UK)1522638

Hearing Officer

Mr P Thorpe

Decision date

20 April 2018

Person(s) or Company(s) involved

Burren Precast Concrete Ltd and Carlow Precast Concrete Engineering

Provisions discussed

Patents Act 1977 Section 72

Keywords

Revocation, Striking out

Related Decisions

None

Summary

A request by the defendant, Carlow, for strike out of part of the claimant’s statement of case was granted. The part in issue related to a challenge to the priority date of the patent. However all the prior disclosures relied on by the claimant were dated prior to the priority date hence the validity of the priority claim had no bearing on the question of invalidity. A further request that another part of the statement of case be struck out as it did not clearly set out with sufficient detail an attack on the validity of the patent on the basis of a number of prior art documents was not allowed. Instead the claimant was given an opportunity to provide the necessary clarification.

Full decision O/246/18 131Kb