Patent decision

BL number
O/384/00
Concerning rights in
EP(UK)0105256
Hearing Officer
Mr R Walker
Decision date
10 October 2000
Person(s) or Company(s) involved
Ranco Incorporated
Provisions discussed
PA 1977 section 28
Keywords
Renewal, Restoration
Related Decisions
None

Summary

A decision to allow the patent to lapse was based on the fact that a corresponding commercial product was no longer in production. This was a mistake because the patent was relevant to other products. It was submitted that the person who took the decision should not be regarded as the directing mind since he was out of touch with the product range associated with the patent. However, it was decided that he was the directing mind because he had the authority to make a decision on the renewal of the patent for the proprietor. Moreover, he did not take reasonable care to see that the renewal fee was paid because he decided not to pay the fee (Atlas Powder Co.s Patent[1995] RPC 357 followed).

Full decision O/384/00 PDF document19Kb