Patent decision

BL number

O/109/04

Concerning rights in

GB2261923

Hearing Officer

Mr G M Rogers

Decision date

20 April 2004

Person(s) or Company(s) involved

Automotive Products UK Limited v LuK Lamellen und Kupplungsbau Beteiligungs KG

Provisions discussed

Sections 27, 72(1) and 75

Keywords

Amendment, Oppositions

Related Decisions

None

Summary

The patentees (defendants) requested amendment of their patent under Section 27 and whilst this was being processed in the Office the claimants filed applied for revocation of the patent. At a preliminary hearing the Section 27 action was stayed. The patentees then filed a request to amend the patent under Section 75. This was opposed by the claimants, so the patentees filed a request for further amendments under Section 75 to replace the first amendments. This request was initially opposed by the claimants but having reached a settlement with the patentees they subsequently withdrew their opposition and also their application for revocation. The hearing officer found that the further amendments were allowable and following long-standing practice, went on to consider whether the notice of withdrawal should be accepted or whether there were questions needing further consideration in the public interest. Finding none, the withdrawal was accepted, and he directed that the further amendments be incorporated in the patent.

Full decision O/109/04 18Kb