Patent decision

BL number

O/109/08

Concerning rights in

GB2414932B

Hearing Officer

Mr P Back

Decision date

14 April 2008

Person(s) or Company(s) involved

Rita Rusk Innovations Ltd and Wilson Gunn LLP

Provisions discussed

Section 27

Keywords

Amendment, Oppositions

Related Decisions

None

Summary

A request to amend under Section 27 was opposed. No counterstatement was received from the Applicant and the opposition was treated as uncontested. The Opponent asked to be heard and argued that this situation was different to that in Norsk Hydro AS’s Patent [1997] RPC 1989 where the amendments had been treated as withdrawn where no counterstatement had been filed to an opposition. The Hearing Officer agreed and heard the opposition. The hearing officer concluded that the amendments did not cure the defect identified by the Applicant in that they did not distinguish the patent from the prior art. The amendments were refused.

Full decision O/109/08 72Kb