Patent decision

BL number
O/382/03
Concerning rights in
PCT/GB 2003/002308
Hearing Officer
Dr H Edwards
Decision date
5 November 2003
Person(s) or Company(s) involved
Penife International Limited
Provisions discussed
PCT Article 11(1)(iii)
Keywords
Filing date
Related Decisions
None

Summary

The international application was filed with description but no claims, so that no filing date could be awarded. The description did however contain a consistory clause indicative of the intended scope of protection, which, it was argued, amounted to a claim. It was held however that the consistory claim was not on the face of it a claim, and the application would therefore have to take the date on which a claim was subsequently provided.

Full decision O/382/03 PDF document22Kb