Citations: [1997] EWCA Civ 2174 Statutes: Patents Act 1977 12 Jurisdiction: England and Wales Intellectual Property Updated: 29 May 2022; Ref: scu.142571
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Appeal against decision to rescind the grant of a patent. Citations: [2006] EWHC 725 (Pat) Links: Bailii Statutes: Patents Act 1977 Jurisdiction: England and Wales Intellectual Property Updated: 05 November 2022; Ref: scu.241788
The product of a process remained such despite application of a further process; There had been no loss of identity. Citations: Times 10-Dec-1996, [1996] EWCA Civ 1059 Statutes: Patents Act 1977 60(1)(c) Jurisdiction: England and Wales Intellectual Property Updated: 03 November 2022; Ref: scu.140926
IPO Excluded fields (refused) – In a gaming machine, different results were classified into sets producing the same outcome, all results producing the same outcome being in the same set; the results were numbered and stored in a memory with the outcomes; and a processor randomly selected one of the outcomes and one of the … Continue reading IGT (Patent) O/077/07: IPO 15 Mar 2007
PO Patent Office – Ex Parte Decisions – As a result of an uncontested application filed under section 13(1) by Koito Manufacturing Co Ltd, it was found that Akinori Matsumoto and Takayuki Iwaki should also be mentioned as joint inventors in any patent granted for the invention and directed that an addendum slip mentioning them … Continue reading Koito Manufacturing Co Ltd and Akinori Matsumoto and Takayuki Iwaki (Patent): IPO 31 Mar 2003
Lilly appealed against a finding that an Actavis drug had not infringed its patents to the limited extent of holding that there would be indirect infringement in four jurisdictions, but they agreed with the Judge that there would be no direct infringement. The appeal raised the issue of the correct approach under UK law (and … Continue reading Actavis UK Ltd and Others v Eli Lilly and Company: CA 25 Jun 2015
The company appealed against rejection of its patent application, the objection being as to the invention’s patentability. The EPO had granted a European Patent. Judges: Patten J Citations: [2008] EWHC 518 (Pat), GB 0325145.1 Links: Bailii Statutes: Patents Act 1977 Citing: Cited – Astron Clinica Ltd and others v The Comptroller General of Patents, Designs … Continue reading Symbian Ltd v Comptroller General of Patents: PatC 18 Mar 2008
There is no reason in principle to exclude claims to computer programs from patentability under Art.52 where the claims to a method performed by running a suitably programmed computer or to a computer program to carry out the method are allowable. The question in each case is whether the technical effect produced by the invention … Continue reading Astron Clinica Ltd and others v The Comptroller General of Patents, Designs and Trade Marks: PatC 25 Jan 2008
Appeal against refusal of patent – invention related to a scheme, rule, or method, for doing business and/or a mathematical method – financial derivatives. Judges: Mann J Citations: [2006] EWHC 1676 (Ch) Links: Bailii Statutes: Patents Act 1977 1(2) Jurisdiction: England and Wales Intellectual Property Updated: 12 July 2022; Ref: scu.263670
Judges: Pumfrey J Citations: [2005] EWHC 2416 (Pat), [2006] RPC 293 Links: Bailii Statutes: Patents Act 1977 1(2) Citing: Appeal from – Shopalotto.Com Limited PO 14-Mar-2005 PO Patent Office – Ex Parte Decisions. . . Cited by: Cited – Cappellini and Bloomberg, Re PatC 13-Mar-2007 The applicants appealed rejection of their applications for patents. The … Continue reading Shopalotto.Com Ltd, Re Patent Application Gb 0017772.5: PatC 7 Nov 2005
The court upheld the rejection of a patent application with regard to a computer program. Judges: Mann J Citations: [2006] EWHC 705 (Ch) Links: Bailii Statutes: Patents Act 1977 77 Jurisdiction: England and Wales Cited by: Cited – Blacklight Power Inc v The Comptroller-General of Patents PatC 18-Nov-2008 The applicant appealed against the refusal of … Continue reading Macrossan v Comptroller-General of Patents, Designs and Trade Marks 2005: ChD 3 Apr 2006
The applicant sought patents for systems of document management. The applications had been rejected as being for computer programs as such. Held: The exclusion from protection created by the section was to be construed narrowly. In the absence of non-mental limitations, the product should not be excluded. Judges: Floyd J Citations: [2008] EWHC 649 (Pat), … Continue reading Kapur v Comptroller General of Patents, Designs and Trade Marks: PatC 10 Apr 2008
Peter Prescott QC J set out the four steps to be taken: ‘The approach is in four steps: ‘(1) properly construe the claim; (2) identify the actual contribution; (3) ask whether it falls solely within the excluded subject matter; (4) check whether the actual or alleged contribution is actually technical in nature.’ (see Aerotel at … Continue reading Lantana Ltd v The Comptroller-General of Patents, Designs and Trade Marks: PatC 4 Sep 2013
The company appealed against the rejection of its claim for a patent. Held: Lewison J said: ‘The manipulation of data stored on a computer (whether on the computer in use or on a remote computer) is unlikely to give rise to a contribution that exists independently of whether it is implemented by a computer’ Judges: … Continue reading Autonomy Corporation Ltd v The Comptroller General of Patents, Trade Marks and Designs: PatC 6 Feb 2008
Revocation was sought on the ground that the patent was invalid because of anticipation by prior publication. The court considered its powers under section 77 in the context of such a revocation application: ‘ . . the power to revoke arises in circumstances where there is a lis between the patentee and the applicant. The … Continue reading Regina v Comptroller-General of Patents Designs and Trademarks ex parte Ash and Lacey Building Products Ltd: 2002
The court considered: ‘the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent. In summary, a patent, whose validity is not challenged, identified a compound as an efficacious treatment but did not identify an optimal dosage regime. A pharmaceutical company, which had acquired the patent, conducted … Continue reading Actavis Group PTC EHF and Others v ICOS Corporation and Another: SC 27 Mar 2019
Revocation proceedings were brought before the Comptroller General of Patents, Designs and Trade Marks. The revocation proceedings were withdrawn, but the Comptroller decided to continue his examination. The patent owner sought to challenge this decision. Held: There is a difference between proceedings before the Comptroller conducted under the Manual of the Patent Office, and proceedings … Continue reading Regina (Ash and Lacy Building Products Ltd) v Comptroller General of Patents, Designs and Trade Marks: ChD 1 Feb 2002
The company appealed from refusal of re-instatement of its patent which had expired through non-payment of renewal fees. On payment of the fees, the Patent Office objected that the applicant was not the registered proprietor. Held: The relevant power under section 28(4) was no longer available to the Comptroller. By that stage, the only remaining … Continue reading Subsea Intervention Ltd v The Comptroller General of Patents: ChD 19 Nov 2015
Appeal from refusal of patent under section 1(2)(c) Judges: Mann J Citations: [2006] EWHC 705 (Pat) Links: Bailii Statutes: Patents Act 1977 97 Jurisdiction: England and Wales Intellectual Property Updated: 01 February 2022; Ref: scu.380358
These appeals are concerned with the validity and infringement of a patent concerning tadalafil. Lewison, Kitchin, Floyd LJJ [2017] EWCA Civ 1671, 159 BMLR 108 Bailii England and Wales Cited by: At CA – Actavis Group Ptc EHF and Others v Icos Corporation and Another SC 27-Mar-2019 The court considered: ‘the application of the test … Continue reading Actavis Group Ptc EHF and Another v Teva UK Ltd and Others: CA 1 Nov 2017
The issue raised on this appeal and cross-appeal is whether three products manufactured by Actavis would infringe a patent whose proprietor is Lilly, namely European Patent (UK) No 1 313 508, and its corresponding designations in France, Italy and Spain. Held: Eli Lilly’s appeal succeeded. The Actavis products directly infringed the respondent’s patents. The Court … Continue reading Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017
Patents relating to tadalafil [2016] EWHC 1955 (Pat) Bailii England and Wales Cited by: At First Instance – Actavis Group Ptc EHF and Others v Icos Corporation and Another SC 27-Mar-2019 The court considered: ‘the application of the test of obviousness under section 3 of the Patents Act 1977 to a dosage patent. In summary, … Continue reading Actavis and Others v Eli Lilly and Company: PatC 10 Aug 2016
The company appealed against refusal of patentunder the provision restricting such for ‘uses of human embryos for industrial or commercial purposes’ Held: The matter was referred to the ECJ. Henry Carr QC [2013] EWHC 807 (Ch), [2013] 3 CMLR 14, [2014] RPC 2, BL O/316/12, [2013] 3 CMLR 14, [2014] RPC 2 Bailii Patents Act … Continue reading International Stem Cell Corporation v Comptroller General of Patents: ChD 17 Apr 2013
cw Inter Partes Decisions – Patents – The reference under section 8(1) concerning entitlement to the application was treated as unopposed following the failure of the applicant for the patent to provide a counter-statement. The application was due to be, but had not actually been, treated as withdrawn for failure to file an abstract and … Continue reading Marine Contractors Limited v Barnes: PO 25 Apr 2002
The inventor company appealed against rejection of its application for a patent for a computer program. Held: The appeal failed: ‘on the facts found by the Hearing Officer, the invention is no more than the computerisation of a process which could already be done without a computer. It has no relevant technical effect. Accordingly, the … Continue reading Lantana Ltd v The Comptroller General of Patents, Design and Trade Marks: CA 13 Nov 2014
AI created Invention is not Patentable The case appears to be about artificial intelligence and whether AI-based machines can make patentable inventions – correct processing of application Held: The appeal failed. On the face of the Form 7s he filed, Dr Thaler did not comply with either of the requirements laid down by section 13(2), … Continue reading Thaler v Comptroller General of Patents Trade Marks and Designs: CA 21 Sep 2021
No Pattern Established to Patent Computer Systems The Comptroller appealed against the decision in Chancery to grant a patent to the clamant for an invention which the comptroller said should have been excluded from protection under section 1(2) as a computer program. It was argued that the UK was taking a different approach to the … Continue reading Symbian Ltd v Comptroller General of Patents: CA 8 Oct 2008
The claimant appealed against refusal of registration for his patent application. . .
Appeal from refusal of patent as a method for doing business and a program for a computer, as such. . .
One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could . .
Appeal from exclusion of patentability . .
cw Inter Partes Decisions – Patents – The reference under section 8(1) concerning entitlement to the application was treated as unopposed following the failure of the applicant for the patent to provide a . .
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Allegation of infringement of patent for airline seats. The claimant sought to challenge the grant of a European Patent. Held: Virgin’s appeal was dismissed. England had surrendered jurisdiction to review or investigate the decision of European Patent Office (EPO) to register a patent Patten, Black, Kitchin LJJ [2013] EWCA Civ 1713, [2013] WLR (D) 511, … Continue reading Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and Others: CA 20 Dec 2013
Patent specification construction to be purposive- following ‘Catnic’. Citations: Times 23-Jun-1995, [1995] RPC 585 Statutes: Patents Act 1977, European Patents Convention 1973 Jurisdiction: England and Wales Cited by: Cited – Rocky Mountain Traders Limited and Hewlett Packard Gmbh; Westcoast Limited and Fellowes Manufacturing (UK) Limited CA 20-Dec-2000 The claimant appealed an order finding its patents … Continue reading Kastner v Rizla Ltd and Another: CA 23 Jun 1995
IPO In his decision dated 24 July 2000 the HO gave Mr Magill 6 weeks to indicate whether or not he wished to resist an order to assign the patent application to Intelligent Clothing Ltd.. In the absence of a response Mr Magill was ordered to assign the application within 6 weeks. The order does … Continue reading Central Research Laboratories Ltd v Intelligent Clothing Ltd and Alan Magill (Patent): IPO 29 Sep 2000
The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, … Continue reading Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005
An uncontested application was filed by the proprietor Emerson Electric Co under rule 10(2) of the Patents Rules 2007. As a result, it was found that Shawn M Chawgo should be mentioned as a joint inventor along with Todd A Westley, Richard W Ballas, Richard R Bowles and Brian A Mitchell in the granted patent … Continue reading Emerson Electric Co, John Mezzalingua Associates, Inc, Todd A Westley, Richard W Ballas, Richard R Bowles, Brian A Mitchell and Shawn M Chawgo (Patent): IPEC 17 Feb 2015
The claimant said that the defendants imported model airplanes infringing the claimant’s patents, and registered community designs. The defendant responded that the patents were invalid. Held: Some but not all of the patent claims were valid, and the goods were infringing. Judges: Hacon HHJ Citations: [2014] EWHC 2845 (IPEC) Links: Bailii Statutes: Patents Act 1977 … Continue reading William Mark Corporation and Another v Gift House International Ltd: IPEC 22 Aug 2014
Patent action in which the claimant seeks a declaration of non-infringement (‘DNI’) against the patentee, the defendant (BOS) under section 71 of the Patents Act 1977. The subject matter of the EU patent (EP 3266631 B1) is part of a system of blinds installed in car windows. Judges: Sir Anthony Mann Citations: [2022] EWHC 2823 … Continue reading Lisa Draxlmaier Gmbh v Bos Gmbh and Co Kg: PatC 8 Nov 2022
Judges: Jacob J Citations: [2002] EWHC 2324 (Patents) Links: Bailii Statutes: Patents Act 1977 Jurisdiction: England and Wales Intellectual Property Updated: 30 November 2022; Ref: scu.178127
The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership. Held: The application for the amendment being made more han two years after the grant, the amendment could not be allowed. s.37(5) bars the making of a new claim out of time. … Continue reading Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006
A ferry plied its way between Dublin and Holyhead, coming into English territorial waters three or four times a day, and for up to three hours on each occasion. The claimants asserted that the construction of the hull infringed its patent. Held: The Act specifically excluded liability where an infringing ship or other item came … Continue reading Stena Rederi Aktiebolag and Another v Irish Ferries Ltd: CA 6 Feb 2003
IPO The application concerns game playing services in game machines, such as slot machines or video poker games. The thrust of the application is to enable game patrons to recover left-amounts which may arise from transactions involving different currencies. This is facilitated by software in the game machine’s logic modules. These left-over amounts can be … Continue reading IGT (Patent) O/140/13: IPO 27 Mar 2013
IPO The application relates to retrieving data from a remote computer using e-mail. A local computer sends a first e-mail containing machine-readable retrieval criteria and the remote computer responds with an e-mail containing the requested data. The Hearing Officer applied the Aerotel/Macrossan test and decided that the contribution made by the invention fell solely within … Continue reading Lantana Ltd (Patent): IPO 4 Feb 2013
Sufficiency, Support – The invention appears to relate to the use of certain compounds in nuclear imaging for discovering the cause of cancer. The Hearing Officer decided that the claimed invention was not disclosed in a manner that was clear and complete enough for it to be performed by a skilled person, and was not … Continue reading Alaa Hussein Al-Darraji (Patent): IPO 19 Dec 2012
In an earlier interim decision relating to an application for revocation, the claims of the patent had been found to be invalid but the patentee was allowed the opportunity to file amendments under s.75 aimed at rectifying the defects found. A request to amend was subsequently filed which was opposed by the claimant for revocation. … Continue reading Linstol UK Limited v Huang (Patent): IPO 21 Nov 2012
The application related to method of storing data in a computer. The method relied on de-duplication of the data such that only one copy of the data is stored. If an attempt is made to store a further copy of the same data then instead of storing that same data again, a pointer to the … Continue reading Quantum Corporation (Patent): IPO 14 Nov 2012
(Patents) ‘The United Kingdom courts have jurisdiction to prevent vexation and oppression by persons subject to their jurisdiction. In particular, the courts are entitled to prevent persons domiciled in this country from being submitted to vexatious or oppressive litigation whether started or to be started in this country or another country. As was stated in … Continue reading Fort Dodge Animal Health Ltd v Akzo Nobel Nv: CA 27 Oct 1997
IPO The application concerned a flood protection system. The Hearing Officer decided that the latest version of the claim on the official file at the end of the compliance period was anticipated by three earlier published patent applications. However, he decided that if the compliance period were to be extended, the applicant should be able … Continue reading Thomas R Cann (Patent): IPO 17 Oct 2012
The application was filed on 29 June 2009 by an applicant who was resident in China, but who had correctly provided a UK address for service. The application proceeded normally until 21 June 2011, when the Office sent the applicant a reminder that if he wished to continue with the application, the request for a … Continue reading Bode Oluwa (Patent) O/378/12: IPO 3 Oct 2012
IPO Patent applications GB0621068.6 and GB0621069.4 relate to methods where parthenogenesis is used to activate a human oocyte (i.e. stimulation of a human oocyte, without fertilisation by a sperm cell) to produce a parthenogenetically-activated oocyte or ‘parthenote’. GB0621068.6 concerns the production of human stem cells from such parthenotes, whilst GB0621069.4 concerns human synthetic corneas and … Continue reading International Stem Cell Corporation (Patent): IPO 16 Aug 2012
ICO The application relates to a method of providing a financial ‘risk score’ within the authorisation process of a wireless financial transaction. The Hearing Officer applied the Aerotel/Macrossan test and decided that the contribution made by the invention fell solely within excluded matter. He also considered the Court of Appeal decision in Symbian and concluded … Continue reading Bank of America Corporation (Patent): IPO 4 Oct 2012
IPO The application relates to a computer system which implements a computer program for searching and displaying biological information stored in one or more databases by converting the information from the database(s) into a ternary matrix using three separate characters to represent biological information eg 0, 1 and |. The Hearing Officer applied the Aerotel/Macrossan … Continue reading Fabio Passetti Et Al (Patent): IPO 3 Jul 2012
A request by Mr Parfitt for an opinion was found to cover essentially the same issues already considered by an earlier opinion and a decision reviewing that earlier opinion. The Hearing Officer taking into account all the circumstances therefore refused the second request for an opinion Judges: Mr P Thorpe Citations: [2012] UKIntelP o26512, GB2436776 … Continue reading Duncan James Parfitt (Patent): IPO 10 Jul 2012
Berni Hambleton of Sterling IP initiated proceedings under section 72(1)(a) of the Patents Act 1977 for revocation of the patent on the grounds that the invention as defined in claims 1, 21 to 25 and 34 was not entitled to its earliest priority date, and that the invention as such lacked an inventive step over … Continue reading Hambleton of Sterling IP and Cold Spring Harbor Laboratory (Patent): IPO 6 Aug 2012
IPO The application relates to a foodstuff which has specific macronutrient content parameters, the macronutrients in question being protein, fat and carbohydrate, when used in a method of increasing the acceptance and enjoyment of the foodstuff to a cat. The hearing officer found independent claims 1 and 6 to be lacking in clarity, with it … Continue reading Mars UK Limited (Patent): IPO 16 Oct 2007
The invention concerned a device for showing correct ladder angle, comprising a weighted indicator connected via a hoop to a semi-circular rail, positioned near the top of a symbol ‘A’. The indicator moved along the rail as the ladder incline changed. Correct ladder angle was shown by alignment with a marking within a limb of … Continue reading Kevin Hickey (Patent): IPO 7 Jun 2012
The employee had patented in the US a trading system he invented whilst employed by the defendant, who now sought ownership. He appealed a finding that the inventions had been made during the normal course of his employment. The employment contract provided: ‘All trade secrets, inventions, written documents, and other confidential information developed or created … Continue reading Liffe Administration and Management v Pinkava and Another: CA 15 Mar 2007
Entitlement – This was an uncontested entitlement action, the registered proprietor of the patent application having been dissolved. The Hearing Officer accepted that, on the balance of probabilities, the matter in the patent application belonged to the claimant. As the application was refused nearly three years ago, the Hearing Officer could not make an order … Continue reading Russell Taylor v AQ Plc (Patent): IPO 1 May 2012
IPO This application relates to a method and arrangement for investigating an unknown calling party that has sent a communication request to a called party, in order to provide information on the relationship between the calling party and the called party. The called party can then use this information to decide whether to accept the … Continue reading Telefonakiebolaget LM Ericsson (Patent): IPO 2 May 2012
IPO Excluded fields (refused) – The application relates to a method of retrieving financial information stored in a first database by using a second database, which contains data referencing the first database, as a dictionary or index. The Hearing Officer applied the Aerotel/Macrossan test and decided that the contribution made by the invention fell solely … Continue reading Bank of America Corporation (Patent): IPO 9 May 2012
IPO Inventive step – The application is concerned with installing software on a computer system and resolving any dependencies that arise by making copies of dependant resources. The examiner’s inventive step objection was based on two sets of citations, the first set showing that it is known to copy shared resources and the second set … Continue reading Vmware Inc (Patent): IPO 25 Apr 2012
IPO Excluded fields (refused), Inventive step – The invention relates to a computer-controlled system for ordering food and/or drink in a restaurant in which a projector mounted above the dining table is used to project plate shaped images of the actual food which can be ordered onto the surface of the table where customers are … Continue reading Compurants Ltd (Patent) O/187/12: IPO 4 May 2012
Entitlement, Inventorship, Striking out – The defendant requested that the reference under section 8 (now under section 35) be stuck out. The reasons given included that the claimant had delayed launching entitlement proceedings, had not filed any evidence and had misrepresented the invention in its statement of claim. The request to strike out was refused … Continue reading Andrew Cooke and Watermist Limited (Patent): IPO 8 Feb 2012
IPO The application relates to a method of predicting the behaviour of a process using a computer program. It was accepted that predicting the behaviour of a process is excluded under section 1(2) as being a computer program as such, unless the prediction is used for control or diagnostic purposes. Amendments to the claims were … Continue reading General Electric Company (Patent): IPO 20 Jan 2012
IPO The invention relates to a process control safety system and in particular to a method and apparatus for generating a script for use in writing data in a process control safety system. The claims address the interface provided to the user when changes to safety systems are required. A script is automatically generated as … Continue reading Fisher-Rosemount Systems Inc (Patent): IPO 10 Sep 2009
The defendant firm of solicitors had acted for a Danish Research Institute. They wrote to several parties regarding a patent. B initiated a threat action. IBB appealed against an order striking out their defence, saying that the issue of whether what they said amounted to a threat was a question of fact to be decided … Continue reading Brain v Ingledew Brown Benson and Garrett and Another: CA 1996
The threats provisions may have the effect of making litigation more rather than less likely. The exclusion in the subsection is limited in its scope. It does not give rise to a general entitlement to threaten manufacturers or importers or users. In particular, if a trader both manufactures and sells products and a patentee threatens … Continue reading Cavity Trays Ltd v RMC Panels Products Ltd: CA 1996
The description in a patent application’s specification must be of an invention. Citations: Ind Summary 28-Nov-1994 Statutes: Patents Act 1977 1(1) 72(1) Jurisdiction: England and Wales Cited by: Appeal from – Biogen Plc v Medeva Plc HL 31-Oct-1996 The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the … Continue reading Biogen Inc v Medeva Plc: CA 28 Nov 1994
Where claimant files dual claims in UK and Europe, UK Patent may be revoked. Citations: Ind Summary 22-Nov-1993 Statutes: Patents Act 1977 73(2) Jurisdiction: England and Wales Intellectual Property Updated: 26 October 2022; Ref: scu.85832
IPO The application relates to a computer-controlled interactive food and/or drink ordering system for direct use by a customer where the prices are varied according to demand. It is known for restaurants and bars to vary the prices of food and/or drink. For example, the application refers to a ‘happy hour’ as a time when … Continue reading Compurants Ltd (Patent) O/282/11: IPO 11 Aug 2011
IPO The application relates to a computer-controlled interactive food and/or drink ordering system that can generate and print the bill at the request of the customer. In conventional restaurants, when requesting a bill, customers usually need to attract a waiter which can take some time to do. There may also be a further delay before … Continue reading Compurants Ltd (Patent) O/284/11: IPO 11 Aug 2011
IPO The application relates to a computer-controlled interactive food and/or drink ordering system that can prompt a customer to place an order. In conventional restaurants, a waiter will present a customer with a menu and then return a few minutes later to take his order. On some occasions, the customer may not have made up … Continue reading Compurants Ltd (Patent) O/283/11: IPO 11 Aug 2011
IPO Entitlement, Striking out – This is a reference under section 8 in respect of an unpublished patent application. The claimant does not know the precise contents of the application. Its claim is based on the title of the application and its employment of the two named co-inventors and co-applicants. The co-applicants requested that the … Continue reading Fireworks Fire Protection Limited v Cooke and Musk (Patent): IPO 10 Jun 2011
IPO The application relates to an arrhythmia model animal that enables an evaluation of the QT interval prolongation by a drug. The QT interval is the time period which elapses between the Q wave and the T wave in the electrical cycle of the heart. Some drugs can prolonging the electrocardiogram QT interval and induce … Continue reading Ina Research Inc (Patent): IPO 28 Jun 2011
IPO An uncontested application was filed by Renovo Limited. As a result, it was found that Ann Helena Ledwith should be mentioned as a joint inventor in the published patent application and granted patent for the invention along with the currently named inventors, Mark William James Ferguson, Sharon O’Kane, David Fairlamb and Tracey Mason. It … Continue reading Renovo Limited, Ledwith, Williams Ferguson, O’Kane, Fairlamb and Mason (Patent): IPO 27 Jan 2011
IPO Just before the parties were due to be heard in a dispute over ownership of an application under the Patent Co-operation Treaty, the issue was raised of the validity of an assignment which appeared to cover all rights to the inventive matter contained in the application. As this was a point of central importance … Continue reading Azam and Livesey (Patent): IPO 22 Dec 2010
IPO The application is concerned with a computer-implemented system and method for supply chain planning in which the user is provided with a visual representation of the supply chain network and a high level plan display. These are interactive and the user can switch between them – for example to determine the effect of a … Continue reading I2 Technologies US, Inc (Patent): IPO 7 Dec 2010
Third party terms – Patent GB2310274 was announced as ceased in the Patents Journal due to a failure to pay the 14th year renewal fee. The Office had however failed to process a notification of a change of address for service correctly which had resulted in the renewal reminder being sent to the wrong address. … Continue reading Charalambous (Patent): IPO 29 Nov 2010
IPO This is the consolidation of two individual actions for the revocation of two GB patents held by Fieldturf, GB 2329910 and its divisional GB 2350843. Fieldturf applied to amend these two patents under s75 during the course of these actions. As a result of the applicants for revocation stating that they no longer wish … Continue reading Polytan Planungs-Und Baugwsellschart Fuer Sportlagen Mbh Co, Edel Grass BV and Fieldturf Holdings Inc (Patent) O/412/10: IPO 30 Nov 2010
Claim construction, Infringement, Inventive step, Sufficiency – The patent relates to a device for conducting fluid released from a pressure relief valve of a boiler, via a conduit, to the outside of a building and changing direction of the fluid using a cup-shaped portion at the end of the conduit. The claimant sought a declaration … Continue reading Richard Wragg v Mike Donnelly (Patent): IPO 9 Aug 2010
IPO The Hearing Officer decided not to refuse a request for an opinion on the validity of GB 2377538 B. The request was based on material considered by the EPO when refusing an equivalent European application. The proprietor of the patent was of the view, despite the refusal of the EP application, and an equivalent … Continue reading Helimedia Limited (Patent): IPO 15 Jun 2010
IPO An uncontested application was filed by BPB Limited. As a result, it was found that Agnes Smith and Thierry Chotard should be mentioned as joint inventors in the published patent application and granted patent for the invention along with the currently named inventors, Samantha O’Keefe and Cedric Biguenet. It was also directed that an … Continue reading BPB Limited, O’Keefe, Biguenet, Smith and Chotard (Patent): IPO 10 May 2010
IPO The invention relates to a touch sensitive user interface for an electronic device, for example, a mobile telephone, Personal Digital Assistant (PDA), MP3 player or similar hand-held device. The application as a whole describes various embodiments whereby gestures or combinations of gestures (e.g. movements of the finger across the surface of a touch-sensitive display … Continue reading Khalil Arafat (Patent): IPO 10 May 2010
The proprietor of the patent requested a review of Opinion 11/09 which found that its patent was not infringed. The request argued that the opinion wrongly concluded that there was no infringement because it had misunderstood how the alleged infringing product worked. Such an argument is however outside the scope of Rule 98(5)(b) which provides … Continue reading Lundberg Son VVS-Produckter Ae and Zgp Limited (Patent): IPO 5 Mar 2010
IPO The invention relates to the simulation and testing of programmable devices and associated programs designed to run thereon. Modelling the device and associated programs in this way helps to identify potential problems early on in the development life-cycle so that they can be overcome relatively easily and inexpensively by modification of the original design. … Continue reading Arm Limited (Patent): IPO 1 Feb 2010
ICO This decision concerned whether the patent in suit should be restored following a failure to pay the renewal fee. In December 2000 and January 2001respectively two patent applications were filed for the same invention – a British (GB) application and a European (EP) application, the latter designating amongst other countries, GB and claiming priority … Continue reading Orkli (UK) Limited (Patent): IPO 30 Sep 2009
IPO The patent relates to packaging for optical discs. The initial application for revocation was based on allegations of lack of novelty and inventive step, as well as insufficiency and added matter. The hearing officer allowed amendments which had been offered to address the issues of insufficiency and added matter, and held that the attacks … Continue reading MeadWestVaco Corp v Montreuil Offset (Patent): IPO 20 Feb 2009
IPO The opponent opposed the patentee’s request under section 27 of the Patents Act 1977 for amendment of the patent, arguing, inter alia, that the patentee had delayed excessively before bringing the request to amend. The patentee sought the striking out of this ground following the amendment to the Patents Act which required the Comptroller … Continue reading Strix Ltd and Otter Controls Ltd (Patent): IPO 2 Jan 2009
IPO An uncontested application was filed by Toyota Jidosha Kabushiki Kaisha originally under section 13(1) of the Patents Act 1977 though the application was subsequently taken as filed under rule 10(2) of the Patents Rules 2007. It was found that that Steffen Nowotny and Siegfried Scharek should also be mentioned as joint inventors in relation … Continue reading Toyota Jidosha Kabushiki Kaisha, Yoshinori Ishikawa, Akio Sato, Steffen Nowotny and Siegfried Scharek (Patent): IPO 16 Dec 2008
(Patent) An uncontested application was filed by Smart Holograms Limited under rule 10(2) of the Patents Rules 2007 and section 13(3) of the Patents Act 1977. It was found that Roger Bradley Millington should be mentioned as sole inventor in relation to any patent granted for the invention and directed that an addendum slip mentioning … Continue reading Smart Holograms Limited,Millington, Lowe, Davidson, Blyth, Kabilan and Marshall: IPO 27 Nov 2008
IPO An uncontested application was filed by NATS (EN ROUTE) PLC originally under section 13(1) of the Patents Act 1977 though the application was subsequently taken as filed under rule 10(2) of the Patent Rules 2007. The applicants also filed an uncontested application under section 13(3). It was found that Stephen James Pember and Alison … Continue reading Nats (En Route) Plc, Brian Janes, Stephen James Pember and Alison Laura Udal Roberts (Patent): IPO 13 Oct 2008
IPO The application related to a device for generating electricity by pumping water to an impeller attached to a generator. The hearing officer upheld the examiner’s objection that the invention operated in a manner contrary to well-established physical laws and was therefore neither capable of industrial application nor sufficiently disclosed. Citations: [2008] UKIntelP o26608 Links: … Continue reading Norman Paterson and Nicholas Jones (Patent): IPO 30 Sep 2008
IPO An uncontested application was filed by Sankar K. Paul, Luis D. Borges and Allen F. Horn III, originally under section 13(1) of the Patents Act 1977 though the application was subsequently taken as filed under rule 10(2) of the patents Rules 2007. As a result, it was found that Sankar K. Paul, Luis D. … Continue reading World Properties Inc, Sankar K Paul, Luis D Borges and Allen F Horn Iii, Murali Sethumadhavan, Richard T Traskos and Michael E St Lawrence (Patent): IPO 7 Jul 2008
IPO The invention concerns the ranking of Internet search results in the context of mobile phone access to Internet content with content providers paying to improve their position in the ranking of search results. The invention takes into account the quantity of data to be transmitted, the cost of transmission and the payment offered by … Continue reading Cvon Innovations Ltd (Patent): IPO 28 Jul 2008
IPO An uncontested application was filed by MSP Corporation, originally under section 13(1) of the Patents Act 1977 though the application was subsequently taken as filed under rule 10(2) of the Patents Rules 2007. As a result, it was found that Nicholas C Miller should also be mentioned as a joint inventor in the published … Continue reading Msp Corporation, Nicholas C Miller, Virgil A Marple, Daryl L Roberts and Benjamin Y H Liu (Patent): IPO 16 Jul 2008
IPO An uncontested application was filed by ABB Research Ltd under rule 10(2) of the Patents Rules 2007. As a result, it was found that Sean Keeping, Roger Arnold, Martin Ashford and Steve Eeles should also be mentioned as joint inventors in any patent granted for the invention and directed that an addendum slip mentioning … Continue reading Abb Research Ltd, Sean Keeping, Roger Arnold, Martin Ashford, Steve Eeles and Others (Patent): IPO 18 Jul 2008
