Patent decision

BL number

O/092/06

Concerning rights in

GB2337113

Hearing Officer

Mr G J Rose'Meyer

Decision date

31 March 2006

Person(s) or Company(s) involved

Burnstein Technologies, Inc and Nagaoka Co. Ltd

Provisions discussed

PA1977 section 28

Keywords

Restoration

Related Decisions

None

Summary

The full window in which the 6 renewal of the patent could have been effected was from 27 November 2002 to 27 August 2003. Burnstein Technologies, Inc (BTI) was the sole proprietor at this stage. BTI is a research & development company and as such, had no product sales. BTI was dependent on investment funds in order to finance its daily operations. In 2002 and 2003 BTI found itself in serious financial difficulties. BTI became so short of funds towards the end of 2002 that it became unable to operate on a day-to-day basis. This included the financial inability to maintain its patent portfolio, which at the time included some 200 or so cases, including the patent in suit. BTI took its responsibilities towards its patents very seriously and employed an attorney and paralegal to look after them. However, by April 2003 the attorney and paralegal, along with the majority of BTI staff were furloughed. By October 2003, everyone in the company, apart from Mr. Burstein the CEO, had been laid off. The patent records were not maintained in this period. Mr. Burnstein spent all his time strenuously trying to secure financial backing for BTI in order to save the company. He had not checked on the due dates of any of the patents in the portfolio in the relevant period, because he was so busy and because the attorney had been laid off. The hearing officer found that reasonable care had not been demonstrated because Mr. Burnstein was not aware of the renewal dates of the patent in suit (or of any specific patents in the portfolio) therefore had in effect left its renewal to chance, dependent on when his funding efforts might be successful, and he had no way of knowing when this might be. The application for restoration consequently failed.

Full decision O/092/06 41Kb