Patent decision

BL number

O/256/05

Concerning rights in

Whether to allow a request under rule 110(4) to extend the time limit for requesting substantive examination of patent application number GB 0123220.6

Hearing Officer

Mr B Micklewright

Decision date

15 September 2005

Person(s) or Company(s) involved

Chalmor Limited

Provisions discussed

None

Keywords

Extensions of time

Related Decisions

None

Summary

The applicant had failed to file a Form 10/77 requesting substantive examination of the application within the prescribed period and subsequently filed a request under rule 110(4) for a discretionary extension of time. The applicant submitted that the failure to file the Form 10/77 within the prescribed period resulted from a misunderstanding with his agent and that he had always intended to continue with the application. The hearing officer, in the light of the principles established in Heatex Group Ltd's Application [1995] RPC 546, accepted these submissions and allowed an extension. This extension was however subject to third party terms.

Full decision O/256/05 120Kb