Patent decision

BL number

O/0057/26

Concerning rights in

WO/2021/245607 A1, EP 4161260 A1, US2023/0189809 A1

Hearing Officer

Dr J E Porter

Decision date

27 January 2026

Person(s) or Company(s) involved

Okipa Ltd and John Russell Clearwater and Aaron Tindall

Provisions discussed

Patents Act 1977 section 12

Keywords

Costs, Entitlement

Related Decisions

O/0541/25

Summary

Following successful defence of an entitlement claim, the defendant was awarded costs on the scale.

As a part of the costs award, a contribution was awarded towards two EPO renewal fees that had become due on the European patent application in question, while EPO processing of the application was stayed pending these proceedings. The hearing officer was satisfied that such fees fell within the “Expenses” entry concerning scale costs, in the Tribunal Practice Notice on costs. He reduced the amount of reimbursement of these fees by an appropriate amount since, had the European patent been granted sooner, the defendant would not have had to pay the EPO year 4 and 5 renewal fees but would instead have paid renewal fees at national offices following grant.

Full decision O/0057/26 195Kb