Patent decision

BL number
O/145/02
Concerning rights in
GB 2314719
Hearing Officer
Mr D J Barford
Decision date
4 April 2002
Person(s) or Company(s) involved
Eastman Kodak Company v American Photo Booths, Inc
Provisions discussed
PA 1977 section 72
Keywords
Amendment, Revocation
Related Decisions
None

Summary

The claimant sought discretion to amend its statement and include additional grounds for revocation under section 72(a) and (c), on the basis that the counterstatement had raised new issues. The request was opposed by the defendant.

It was held that the no new issues were raised in the counterstatement, that the new grounds could have been raised at the outset and that the defendant had not exercised due diligence. However, it was also held that inclusion of the new grounds would not alter the essential nature of the proceedings, that the public interest would be best served by taking all issues into account and that the defendant would not be significantly disadvantaged thereby. In consequence inclusion of the new grounds was allowed.

Full decision O/145/02 PDF document17Kb