Patent decision

BL number

O/138/03

Concerning rights in

GB0202309.1

Hearing Officer

Mr M C Wright

Decision date

16 May 2003

Person(s) or Company(s) involved

Mr Gines Sanchez Gomez

Provisions discussed

Patents Act 1977, Section 17(3) and rule 30(1)(a)

Keywords

None

Related Decisions

None

Summary

The applicant refused to provide an address for service in the United Kingdom, as required under rule 30(1)(a), on the grounds that the rule contravened the Treaty Establishing the European Community. The Hearing Officer observed that the rule was approved by Parliament and could only be amended by the Secretary of State through the normal statutory process. He also stated that it was not for him to determine whether or not the rule contravened any treaty and that this was consistent with the view taken by Lord Diplock in E's Application [1983] RPC 231. As the Comptroller has no discretion to waive the requirement, the Hearing Officer concluded that the Office was correct to refuse the application under section 17(3) for failure to meet a formal requirement.

Full decision O/138/03 11Kb