Patent decision

BL number

O/444/22

Concerning rights in

GB0707057.6 / GB2448351

Hearing Officer

Mrs M Taylor

Decision date

24 May 2022

Person(s) or Company(s) involved

IT-ACS Limited

Provisions discussed

Section 28; rule 107, rule 111

Keywords

Restoration

Related Decisions

None

Summary

The decision concerns whether the patent could be restored under the provisions of Section 28 following the failure to pay a renewal fee. The proprietors contacted the Office to raise this issue after the normal time period within which to restore the patent had expired.

Consideration was given to the provisions of rule 107 which provide the Comptroller with powers to correct errors arising from irregularities in Office procedures. While a number of letters highlighting the failure to pay the renewal fee had been sent to an old address, the Hearing Officer found that this occurred as the applicant’s address had not been correctly updated, such that there was no fault or irregularity in Office procedures. No other potential Office irregularities were identified.

Rule 111, that enables the Comptroller to extend time periods in response to delays in communication services, was also considered but the dates were such that no issues, such as might have arisen from the Covid pandemic, were relevant.

While the Hearing Officer was sympathetic to the applicant’s situation, the application for restoration was therefore refused.

Full decision O/444/22 247Kb