Patent decision
- BL number
- O/425/19
- Concerning rights in
- GB2529565
- Hearing Officer
- Mr H Jones
- Decision date
- 23 July 2019
- Person(s) or Company(s) involved
- BVG Group Limited and Hangzhou Chic Intelligent Technology Co. Ltd.
- Provisions discussed
- Patents Rules 2007, rule 82(e); Section 72
- Keywords
- Amendment, Costs, Revocation
- Related Decisions
- None
Summary
In an application for revocation, the claimant requested permission to amend its statement of case in order to rectify what it acknowledged as insufficiencies in its pleadings and introduce a further piece of prior art into proceedings. The defendant opposed the request and also asked for an award of costs to cover any expenditure directly attributable to the request. The claimant said it was prepared to pay such costs provided that they had been reasonably incurred. The hearing officer considered the principles for allowing statements of case to be amended. While he had concerns about the lackadaisical approach in preparing the original statement of case, he allowed the amendment on the basis that the defendant could be fully compensated for the wasted costs incurred and that it was likely to be the most expeditious way of resolving the dispute.
Full decision O/425/19 208Kb