Patent decision

BL number

O/060/09

Concerning rights in

GB0709447.7

Hearing Officer

Mr J Elbro

Decision date

27 February 2009

Person(s) or Company(s) involved

William Ford and Threeway Pressings Ltd

Provisions discussed

Section 8

Keywords

Costs, Entitlement

Related Decisions

None

Summary

This was a decision on costs following withdrawl of an entitlement reference under Section 8 after evidence was filed by both sides but before the hearing. The claimant argued that he should not have to pay costs because he still believed he was entitled to the patent application but following legal advice believed the patent invalid and therefore that the reference was not worth pursuing. The hearing officer considered that as the defendant had still been put to expense, which could have been avoided even on the claimant’s argument if the claimant had sought legal advice earlier, an award was justified. He awarded £1000 in favour of the defendants following the standard scale.

Full decision O/060/09 151Kb