Patent decision

BL number

O/116/11

Concerning rights in

EP(UK)1245167B

Hearing Officer

Mr S Probert

Decision date

31 March 2011

Person(s) or Company(s) involved

Nash Matthews v Vitaflex Dr Walter Mauch GmbH

Provisions discussed

Section 29

Keywords

Oppositions, Surrender

Related Decisions

None

Summary

The patentee offered to surrender the patent, but an opponent (acting in the interests of an exclusive licensee) opposed the offer. The patentee and the exclusive licensee are both based in Germany, and are engaged in legal proceedings before the German courts over the ownership of the patent. The Hearing Officer was told that the German court proceedings would last until at least 2018. The German court has also issued an interim injunction prohibiting the patentee from disposing of the patent, and in particular, from surrendering the national parts of the patent. In the circumstances, the Hearing Officer refused the offer to surrender the patent.

Full decision O/116/11 36Kb