Patent decision

BL number

O/1158/24

Hearing Officer

Mr B Micklewright

Decision date

4 December 2024

Person(s) or Company(s) involved

University of Southampton and Windracers Limited

Provisions discussed

Patents Act 1977 sections 12, 13, 37

Keywords

Decline to deal, Entitlement

Related Decisions

None

Summary

The defendant requested that the comptroller decline to deal with the references under sections 12 and 37. The claimant disputed this request. Following a hearing, the hearing officer, applying the principles set out in Luxim Corp v Ceravision Ltd [2007] RPC 33, decided, when considering all the factors together, including the fact that there were parallel court proceedings, that the case was complex. He therefore determined that the question involved matters that would be more properly dealt with by the court and declined to deal with the references under sections 12 and 37. The hearing officer decided to stay the section 13 proceedings until the court proceedings had concluded.

Full decision O/1158/24 206Kb