Patent decision

BL number
O/220/03
Concerning rights in
GB 2333698
Hearing Officer
Mr P Back
Decision date
7 August 2003
Person(s) or Company(s) involved
Dynamic Products Limited v Clares Merchandise Handling Equipment Limited
Provisions discussed
PA.1977 section 29, 72
Keywords
Inventive step, Novelty, Revocation, Surrender
Related Decisions
None

Summary

The claimants applied for revocation of the GB patent on the grounds that the invention as defined in the claims is not patentable for lack of novelty and/or inventive step relative to identified prior art and prior use. Before completion of the usual evidence rounds, the Proprietor submitted an offer to surrender the patent and subsequently indicated that they would not oppose a decision to revoke the patent. On the papers, the Hearing Officer considered that at least one ground for revocation had been made out on the basis of lack of novelty, and since this was uncontested, it was sufficient for revocation of the patent to succeed. The offer to surrender was therefore declined and the patent revoked.

Full decision O/220/03 PDF document16Kb