Patent decision

BL number

O/042/10

Concerning rights in

GB2418444 and GB2392190

Hearing Officer

Mr P Thorpe

Decision date

4 February 2010

Person(s) or Company(s) involved

Asphalt Re-Lay Ltd and Nu-Phalt Limited

Provisions discussed

Patents Act 1972

Keywords

Decline to deal, Revocation

Related Decisions

None

Summary

Both sides requested that the comptroller should decline to deal with a reference under section 72 in light of parallel proceedings in the Patents Court. The Hearing Officer concluded that it was clearly undesirable to have the same or largely similar issues litigated both before the comptroller and the court. He was satisfied that the question of whether these patents should be revoked was one which would now more properly be determined by the court. He therefore declined to deal with the reference.

Full decision O/042/10 91Kb