The claimant sought damages, alleging that the defendant patent agents had failed to make a timely application for a Canadian patent.
Held: The evidence was conflicting, but the court found that the claimant had made a decision to limit his applications to certain jurisdictions, not including Canada. The claim failed.
Judges:
Proudman J
Citations:
[2010] EWHC 585 (Ch), [2010] PNLR 24, [2010] FSR 19
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Martin Boston and Co v Roberts CA 1996
The appropriate standard against which a defendant patent agent’s conduct is to be measured is that of what the reasonably competent patent agent would do having regard to the standards normally adopted in his profession. . .
Cited – Andrew Master Homes Ltd v Cruikshank and Fairweather CA 1981
The method of assessing loss caused by a negligent patent agent was considered.
Held: As a negligence action and not an infringement action, the logical method for assessing damages was to evaluate the market price of the right to pursue the . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 01 October 2022; Ref: scu.403382