Patent decision

BL number

O/276/03

Concerning rights in

EP(UK)0322268

Hearing Officer

Mr M C Wright

Decision date

10 September 2003

Person(s) or Company(s) involved

Serge Jean-Marie Rebeillard and Cecile Denise Kreweras

Provisions discussed

Patents Act 1977, Section 28(3)

Keywords

Restoration

Related Decisions

None

Summary

Mrs Kreweras, who took over responsibility for renewals when her husband fell ill, received reminders from her patent attorney informing her that the last day for paying the renewal fee with extension fees was 2 June 2002. However, she says she did not notice that the date was different from the date quoted in the reminders for paying renewal fees on corresponding patents in other countries, which was 30 June 2002. Consequently, when she issued instructions later in June 2002 to pay the fee it was too late. The Hearing Officer found that the reminders were unequivocal and contained a clear indication of their importance. He appreciated that Mrs Kreweras was under some pressure at the time. However, in the absence of any explanation for her failure to notice the date, he was not satisfied that that pressure was such as to impair her ability to act in a reasonable manner such as to excuse her failure to issue payment instruction in time. He therefore refused to allow restoration.

Full decision O/276/03 122Kb