Patent decision

BL number
O/274/09
Concerning rights in
GB2440699B
Hearing Officer
Mr S Probert
Decision date
8 September 2009
Person(s) or Company(s) involved
Loadhog Limited v Polymer Logistics BV
Provisions discussed
Section 72, rule 83
Keywords
Revocation, Striking out
Related Decisions
None

Summary

Summary: This preliminary decision concerns a request to strike out part(s) of the claimant’s statement of case. In the part(s) of the statement in question, the claimant asserted that the defendant had introduced one or more features to the claims of the patent only after the claimant’s own patent application had been published and the defendant had become aware of the claimant’s corresponding product.

However, the amendments had been made prior to grant and in any event, they appeared to narrow the scope of the claims. Even if the claims had been deliberately narrowed in the direction of the claimant’s product, that did not give rise to a cause for revocation under section 72. Consequently the Hearing Officer struck out the parts of the statement in question.

Full decision O/274/09 PDF document30Kb