Patent decision

BL number
O/053/08
Concerning rights in
EP0852363
Hearing Officer
Mr P Thorpe
Decision date
22 February 2008
Person(s) or Company(s) involved
Runaway Technology Inc and Landmark Mosaics Ltd
Provisions discussed
PA1977 Sections 74B
Keywords
Opinions and Reviews
Related Decisions
OPINION 1/07

Summary

The proprietor of the patent, Runaway Technology, requested a review under section 74B of the Patents Act of Opinion 1/07. This had found that claims 1-43 of the patent lacked novelty on the basis of a prior disclosure of the invention by the inventor. The proprietor argued that the opinion was based on material submitted by Landmark Mosaics in its observations in reply that was not strictly in reply. It was also argued that the opinion examiner had wrongly applied the test in Coco v A N Clark when considering whether any confidentiality existed in respect of the prior disclosure.

Following the guidance given by the Patents Court in DLP Limited as to the nature of reviews of opinions, the hearing officer concluded that the opinion examiner had not made an error of principle in admitting the observations in reply or in applying the test in Coco v Clark. Accordingly the opinion was not set aside.

Full decision O/053/08 PDF document80Kb