Patent decision

BL number
O/211/05
Concerning rights in
EP(UK) 0537166
Hearing Officer
Dr H Edwards
Decision date
27 July 2005
Person(s) or Company(s) involved
Medisup International N.V.
Provisions discussed
PA..1977 section 28
Keywords
Restoration
Related Decisions
None

Summary

The directing mind (R) of the patentee company in Australia had set up a competent system for renewals which involved a firm of patent attorneys (S) in France monitoring deadlines and issuing reminders (up to three) to a related company (N) of the patentees in France, who were instructed to fax the reminders to R for decision as to payment. Renewal of the EP(UK) was to be carried out at the same time as renewal in 14 other European countries. Three reminders for the EP(UK) were issued by S but R did not receive any of them because of unrelated incidents at N. The Office had taken the view that R should have noticed and acted if a reminder was missing from a batch and not received subsequently, but the hearing officer held that it was reasonable for R to rely on a system that used three reminders and had worked well in the past, and hence that it was reasonable for him not to be concerned about reminders he had not been presented with. The application for restoration was thus allowed.

Full decision O/211/05 PDF document31Kb