Patent decision

BL number

O/435/11

Concerning rights in

GB1119141.8

Hearing Officer

Mr S Probert

Decision date

3 December 2011

Person(s) or Company(s) involved

Wonderland Nurserygoods Co., Ltd

Provisions discussed

Section 15(9), rule 19, rule 108

Keywords

Divisional application, Extensions of time

Related Decisions

None

Summary

A divisional application was filed out of time, after the end of the period ending three months before the compliance date. The applicant asked the comptroller to exercise discretion under rule 108 to extend the period for filing a divisional application. The hearing officer concluded that it was right to extend the period and allow the late-filing because a) the first examination report did not include the usual warning about the three month deadline, and b) the second examination report only referred to the grant deadline, when in fact the period for filing a divisional application expired earlier because of the three month deadline.

Full decision O/435/11 45Kb