Patent decision

BL number

O/343/08

Concerning rights in

GB2333250, EP0942781, EP1080178

Hearing Officer

Mr J Elbro

Decision date

29 December 2008

Person(s) or Company(s) involved

Mr Nelson Nazareth and the Secretary of State for Defence

Provisions discussed

Section 72, Rule 83

Keywords

Revocation, Striking out, Summary judgement

Related Decisions

None

Summary

This preliminary decision related to three related patents. Revocation was sought on the grounds that the application failed to disclose the invention clearly and completely enough to a person skilled in the art. Before the commencement of the evidence rounds, the patentee sought striking out of the application, or alternatively summary judgment in their favour, on the grounds that the applicant had not disclosed reasonable grounds for the application. The hearing officer agreed that the current statements of case were unclear and did not provide a basis for a revocation action, but in view particularly of the claimants professed other (unpleaded) grounds, decided to give the claimant an opportunity to amend his statements of claim.

Full decision O/343/08 50Kb