Patent decision

BL number

O/366/17

Concerning rights in

GB2525098B, GB1120247.0

Hearing Officer

Mr B Micklewright

Decision date

3 August 2017

Person(s) or Company(s) involved

Derrick Green

Provisions discussed

Patents Act 1977 sections 73(1), 20A

Keywords

Reinstatement, Revocation

Related Decisions

None

Summary

Patent application GB1120247.0, published as GB2496873A, was substantially identical in content to granted patent GB2525098 B and fell within the period defined in section 2(3) of the Act. The granted patent therefore lacked novelty and the examiner initiated proceedings under section 73(1) to revoke the patent. The patentee requested a hearing on the matter. At the hearing itself the patentee, who was also the applicant on GB1120247.0, also asked that the hearing officer consider reinstatement of the earlier application following the refusal of such a request by the Office. The hearing officer agreed to this request but found that the request for reinstatement of GB1120247.0 could not be allowed because it was not made within the prescribed period. The hearing officer also ordered that GB2525098 B should be revoked for lacking novelty in accordance with the provisions of section 73(1).

Full decision O/366/17 81Kb