Patent decision

BL number

O/045/06

Concerning rights in

EP1027695

Hearing Officer

Mr G J Rose'Meyer

Decision date

9 February 2006

Person(s) or Company(s) involved

Nikolaos Tsakonas (GoBoards International SA)

Provisions discussed

PA.1977, Section 28(3)

Keywords

Restoration

Related Decisions

None

Summary

The renewal fee for the fifth year of the patent fell due on 19 November 2002. Under section 25(4), it could be renewed (with appropriate fines) up to 19 May 2003. Mr Nikolaos Tsakonas was the proprietor of the patent and through his company of GoBoards International SA, operated out of Thessaloniki, Greece. During the period referred to Mr Tsakonas’ son became very ill and required hospital treatment in Greece and London. Mr Tsakonas left all his business commitments unattended during this time to look after his son. However, he had placed the responsibility for renewal of the patent throughout Europe in the hands of Greek Attorneys Argyriads-Metallino-Schinas (AMS), whose UK associates were Bromhead Johnson (BJ). BJ sent four separate renewal reminders at relevant times to AMS, but the patent still lapsed.

It transpired that despite Mr. Tsakonas’ personal pressures at the time, he had given instructions and monies to AMS to pay renewal fees on all European patents, although the order in which these should be paid was up to AMS. The evidence showed that there was a misunderstanding on the part of AMS that in line with other European countries, the UK renewal date was payable at months end and not the specific due date. This was despite clear evidence to the contrary in the reminders issued by BJ.

The Hearing Officer decided that agent error was at fault and that Mr. Tsakonas himself had certainly taken reasonable care to ensure renewal of his UK patent. The application for restoration was consequently allowed.

Full decision O/045/06 29Kb