Patent decision

BL number

O/237/04

Concerning rights in

GB0100172.6

Hearing Officer

Mr M G Wilson

Decision date

9 August 2004

Person(s) or Company(s) involved

Lucent Technologies Inc

Provisions discussed

Patents Act 1977 sections 18(3), 20(1)

Keywords

Extensions of time

Related Decisions

None

Summary

The applicants had failed to reply to a combined search and examination report within the time period set. Towards the end of the period prescribed for putting the application in order, the Office issued a warning that the application would be refused under Section 20(1) if not in order on expiry of this period. The current proprietors of the application, TriQuint Technology Holding Co. responded to this warning by filing amendments to the specification, requesting an extension to allow the late filing of the response to the report. They stated that the failure to respond earlier arose from the patent agents being instructed by the former owners not to respond. These instructions had been confirmed by the agents, and TriQuint had only become aware that there was an outstanding reply due when they received the warning letter, and then took action to pursue the application. The Hearing Officer declined to grant the extension requested as the evidence did not show continuing underlying intention on the part of those responsible for its prosecution to proceed with the application, applying the decision in Heatex Group's Application [1995] RPC 546. Moreover, the information provided indicated that there had been a positive decision not to proceed when the agents had been instructed not respond to the report. The application was therefore refused under Section 18(3).

Full decision O/237/04 28Kb