IPO The applicant for restoration relied on an entry in his diary to remind him to instruct his agent to pay the renewal fee at the end of the six months grace period. He made an error in entering the diary reminder with the consequence that instructions were given too late. The system in place was a reasonable one but restoration was refused because the system failed for a reason that was within the applicants control. The standard of reasonable care required by s.28(3) should be applied in a consistent and uniform manner; no allowance can be made for the directing minds lack of experience in renewing patents.
Citations:
[2000] UKIntelP o08600, O/086/00, GB2262350
Links:
Intellectual Property
Updated: 12 October 2022; Ref: scu.453773