Patent decision

BL number
O/182/11
Concerning rights in
GB 2441058B
Hearing Officer
Mr S Probert
Decision date
1 June 2011
Person(s) or Company(s) involved
Rigcool Ltd v Optima Solutions UK Ltd
Provisions discussed
Rule 107
Keywords
Correction, Extensions of time
Related Decisions
O/149/11

Summary

The claimant requested exercise of the comptroller’s discretion under rule 107(3) to extend the two year period specified in section 37(5) and section 72(2)(b) by one day. They had commenced these proceedings on the second anniversary of the date of grant, believing this to be within the two year period. In an earlier decision in these proceedings, the hearing officer decided that the period ended on the day before the second anniversary.

The hearing officer found that this irregularity was attributable at least in part to a default, omission or other error by the Office because the Office had not objected in the past when proceedings were commenced on the second anniversary, and because the guidance in official manuals was not sufficiently precise to make it clear that the second anniversary was excluded from the two year period.

Considering a recent Tribunal Practice Notice (TPN) 4/2010 relating to similar circumstances in trade mark law, the hearing officer decided that it was appropriate to extend the period by one day in this case.

Full decision O/182/11 PDF document30Kb