Patent decision

BL number
O/163/08
Concerning rights in
GB2400326B
Hearing Officer
Mr J Elbro
Decision date
13 June 2008
Person(s) or Company(s) involved
Nu Tec Medical Limited
Provisions discussed
Sections 2, 3, 72
Keywords
Inventive step, Novelty, Revocation
Related Decisions
None

Summary

The applicant applied to revoke its own patent on the grounds that it lacked novelty and/or inventive step. No counter-statement was filed.

The invention concerned a portable resuscitation system, essentially a carrier for oxygen cylinders, aspirators, etc, which protected them from damage and enabled easy transportation. A prior art registered design displayed a similar system, but lacking a rigid base panel. The hearing officer found that it would have been obvious to add such a panel to provide protection to the cylinders etc. Hence the patent, as it stood, was invalid. As there was no prospect of amendment under section 75, the Hearing Officer revoked the patent.

Full decision O/163/08 PDF document317Kb