Patent decision

BL number
O/195/10
Concerning rights in
GB2440699B
Hearing Officer
Mr S Probert
Decision date
18 June 2010
Person(s) or Company(s) involved
Loadhog Limited v Polymer Logistics BV
Provisions discussed
Sections 72, 2, 3, 76(2), 14(3)
Keywords
Added subject matter, Inventive step, Novelty, Revocation, Sufficiency
Related Decisions
O/274/09, O/031/10

Summary

The patent concerns a combination dolly/pallet device for transporting goods in the logistics industry. The device is capable of operating as a wheeled dolly or a pallet depending on the position of its retractable skids. The skids are formed with openings through which the wheels extend in the dolly condition.

The claimant sought revocation of the patent on the grounds of novelty, inventive step, insufficiency and added matter. The claimant’s own product had been demonstrated to the Duke of York before the priority date of the patent. The Hearing Officer followed the Folding Attic Stairs case in which a similar prior use based on a demonstration was alleged.

The Hearing Officer considered that the strongest attack against the patent was based on two earlier US patent publications, but, following Windsurfing/Pozzoli, the difference between them and the inventive concept did not constitute an obvious step. The insufficiency and added matter attacks also failed. The patent remains in force. Costs were deferred, but with an indication that the Hearing Officer proposed to apply the published scale.

Full decision O/195/10 PDF document274Kb