References: O/179/02, Gb 0025707 1, [2002] UKIntelP o17902
Links: PO, PO, Bailii
Coram: Mr R Kennell
Ratio: 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 The application was due to be, but had not actually been, treated as withdrawn for failure to file an abstract and a request for preliminary examination and search. The hearing officer made a declaration of entitlement in favour of the claimants and gave them an opportunity, within 6 weeks, to request discretion under rules 110(1) and 110(4) respectively to allow late filing of the missing items, failing which the application would be treated as withdrawn.
Statutes: Patents Act 1977 8(1), Patents Rules 1995 110
Jurisdiction: England and Wales
Last Update: 03 April 2019
Ref: 177148