IPO This was a decision on costs following withdrawal 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 pounds 1000 in favour of the defendants following the standard scale.
Citations:
[2009] UKIntelP o06009
Links:
Jurisdiction:
England and Wales
Intellectual Property, Costs
Updated: 21 October 2022; Ref: scu.457290