Patent decision

BL number
Concerning rights in
Hearing Officer
Mr B Micklewright
Decision date
20 July 2011
Person(s) or Company(s) involved
The Administrators of the Tulane Education Fund
Provisions discussed
Sections 20A, 28 and 128B of the Patents Act 1977 and Schedule 4A to the Act; rule 107 of the Patents Rules 2007; Regulation (EC) No 469/2009
Supplementary Protection Certificates
Related Decisions


The applicant failed to pay the prescribed fee for bringing supplementary protection certificate SPC/GB/99/033 into effect within the prescribed period or within the period of six months following the end of the prescribed period. The applicant argued that a late payment of the fee should be allowed either as a correction of an irregularity under rule 107, a reinstatement under section 20A, or a restoration under section 28. The hearing officer found that there was no error, default or omission on the part of the Office that resulted in the failure to pay the SPC fee in time in order to bring the SPC into effect and therefore rule 107 did not give the comptroller discretion to allow the late payment. He also found that neither section 20A nor section 28 applied in the present circumstances. The SPC could not therefore be brought into effect.

Full decision O/252/11 PDF document100Kb