Patent decision

BL number

O/629/17

Concerning rights in

EP2049885

Hearing Officer

Mr P Thorpe

Decision date

7 December 2017

Person(s) or Company(s) involved

Dr Geoffrey Diamond v University of Warwick

Provisions discussed

Patents Act Section 37

Keywords

Entitlement

Related Decisions

O/518/15

Summary

A reference under section 37 was made more than 2 years after the grant of the patent. The claimant was unable to show that the proprietor knew that it was not entitled to the grant of the application hence the remedy sought by the claimant was excluded. The claimant sought to argue that actual knowledge was not necessary and that the proprietor had been put under constructive notice about its lack of entitlement to the patent. This argument was rejected. The reference was therefore dismissed.

Full decision O/629/17 166Kb