Patent decision
- BL number
- O/348/03
- Concerning rights in
- EP(UK) 0424435
- Hearing Officer
- Mr R C Kennell
- Decision date
- 5 November 2003
- Person(s) or Company(s) involved
- Cinpres Gas Injection Limited v Melea Limited
- Provisions discussed
- PA 1977 section 37(8)
- Keywords
- Decline to deal, Entitlement
- Related Decisions
- None
Summary
The referrers alleged that evidence had been given fraudulently in their earlier, and ultimately unsuccessful, reference concerning entitlement to the international application from which the patent in suit derived, and wished to re-open the matter. The defendants considered the matter res judicata. At the request of both parties the hearing officer declined to deal with the question on the grounds that the matter would be more properly determined by the court, and considered that it would be manifestly undesirable for the comptroller to pronounce on the propriety of an action which had been litigated before the Patents Court and Court of Appeal.
Full decision O/348/03 11Kb