Patent decision

BL number

O/129/05

Concerning rights in

GB2286521

Hearing Officer

Mr M C Wright

Decision date

6 May 2005

Person(s) or Company(s) involved

Mrs Jennifer Morrison Holdham

Provisions discussed

Patents Act 1977, Section 28(3)

Keywords

Restoration

Related Decisions

None

Summary

The proprietor argued that health problems, stress and lack of funds contributed to her not paying the renewal fee. However, she failed to furnish supporting evidence from a medical practitioner confirming that her health and stress related problems were such as to affect her ability to act in a reasonable manner and to pay the renewal fee. To the contrary, there was ample evidence that she was actively engaged in numerous and demanding tasks at the time the renewal fee could have been paid. Moreover, there is clear evidence that she was preoccupied with preparing to display the product covered by her patent at exhibitions and devoted much of her efforts to securing funds for that purpose. However, there is no evidence that she made diligent efforts to obtain funds specifically to pay the renewal fee. There was also a suggestion that she may have had doubts about maintaining her patent. The Hearing Officer was therefore not persuaded that the proprietor took reasonable care to see that the renewal fee was paid and refused to allow restoration.

Full decision O/129/05 40Kb