Patent decision

BL number

O/332/05

Concerning rights in

GB 2208122

Hearing Officer

Mr G J Rose'Meyer

Decision date

23 December 2005

Person(s) or Company(s) involved

Ahmet Mustafa Onder and Mustafa Ilhameddin Ozbay

Provisions discussed

PA. 1977 Section 28(3)

Keywords

Restoration

Related Decisions

None

Summary

Ahmet Mustafa Onder and Mustafa Ilhameddin Ozbay (MIO) are co-proprietors of the patent. MIO took on responsibility for renewing the patent from 1998 and had been successful in doing so up until the 16th year fee was due.

MIO was a travel operator and his work involved a lot of travel to Turkey. In the relevant period for securing renewal or late renewal (with surcharges) of the patent, MIO ’s business in Turkey had been severely disrupted by the effects of the Iraqi war. Consequently he had spent long periods in Turkey. During one of these visits, MIO had lost his electronic personal organizer. He had previously successfully used entry of the patent renewal date in this organizer to prompt payment of the fee. However, he was also aware that the office issues renewal reminders, so he felt he could rely on this to effect renewal. He left instructions with his family in London to forward his business correspondence, including the official reminder to him in Turkey. Unfortunately the reminder was never received, even though it had been sent by the office to the correct address. MIO was so preoccupied with his business in Turkey, that he admits he did not give much thought to his other affairs at that time. However, he states that he took reasonable care in his previous actions to ensure his patent did not lapse.

The hearing officer held that MIO had in fact employed three different safeguards to ensure renewal would be paid - the electronic diary; the official reminder; the instructions to his family. These all broke down for reasons outside his control. Although more could have been done throughout the relevant period, the standard for “reasonable care” had been met