Patent decision

BL number
O/114/06
Concerning rights in
PCT/GB 2006/000410
Hearing Officer
Mr H J Edwards
Decision date
5 May 2006
Person(s) or Company(s) involved
Brian George Knight
Provisions discussed
Patent Cooperation Treaty Article 11(1)
Keywords
Filing date
Related Decisions
None

Summary

The international application as filed on 3 February 2006 did not contain the two claims sheets indicated in the checklist on the Request Form, nor anything readily identifiable as claims. It was argued that claims were to be found either (i) in a numbered list included in the last two pages of what appeared to be the description, and headed 'Thus the present invention permits', or (ii) in the text that was on the sheet headed Abstract. It was held that neither of these passages were sufficiently clearly distinguishable as claims to disturb the initial impression that the claims sheets had been omitted. The filing date of 3 February 2006 could therefore not be accorded.

Full decision O/114/06 PDF document38Kb