Patent decision

BL number

O/222/15

Concerning rights in

EP1173677, EP1179140 & EP1384004

Hearing Officer

Mr SW Bender

Decision date

20 May 2015

Person(s) or Company(s) involved

NVB Composites International A/S

Provisions discussed

Section 28

Keywords

Restoration

Related Decisions

None

Summary

Patent number EP1173677 was filed on 22 April 1999 and ceased on 22 April 2011. EP1179140 was filed on 25 April 2000 and ceased on 25 April 2011. EP1384004 was filed on 27 March 2002 and ceased on 27 March 2011. All were in the name of NVB Composites International A/S. An application for restoration on all three patents was filed on 23 February 2012.

The evidence supplied showed that the failure to renew the patents was due to a sudden lack of finances together with a failure to obtain further investment before the final dates for payment allowed under s. 25(4).

The HO found that whilst the proprietors did have money available they decided to continue to seek funding from third parties. The HO concluded that the proprietors were fully aware of the need to pay the renewal fees on the patents but took a conscious decision not to do so. Such a decision cannot be said to have been unintentional as required by Section 28(3) of the Act and the requests for restoration was therefore refused.

Full decision O/222/15 65Kb