IPO The invention provided, in a brokerage system which allowed a user to obtain digital content from third party providers via a networked system, a means to store information about the functionality and capability of one or more devices held by the user and supply the information to the provider so that the provider could … Continue reading ATT Knowledge Ventures, LP (Patent): IPO 2 Jul 2008
IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/186/08: IPO 30 Jun 2008
The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was did … Continue reading Komatsu Ltd (Patent) O/187/08: IPO 30 Jun 2008
IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/188/08: IPO 30 Jun 2008
IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/185/08: IPO 30 Jun 2008
IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/184/08: IPO 30 Jun 2008
IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/183/08: IPO 30 Jun 2008
IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/189/08: IPO 30 Jun 2008
IPO Mr. Farr applied under section 37 of the Patents Act 1977 to be named proprietor/inventor of EP 1268313. The proprietors, Orbis, responded by requesting summary dismissal of Mr. Farr’s claim on the grounds that he had no reasonable chance of success and that the reference was made out of time under section 37(5) of … Continue reading Kenneth Farr; Orbis Corporation (Patent): IPO 11 Jun 2008
IPO The invention related to a gaming apparatus and method in which 2D image data was converted into a 3D video image and displayed on a non-planar 3D screen. The examiner had objected that the contribution of the invention was excluded under the above categories, but (although it was not apparent from the specification as … Continue reading IGT (Patent) O/149/08: IPO 23 May 2008
IPO As a result of an uncontested application filed under section 13(1) of the Patents Act 1977 by MSP Corporation, the relevant provision now being rule 10(2) of the Patents Rules 2007, it was found that Nicholas C Miller should also be named as a joint inventor in the published patent application and granted patent … Continue reading MSP Corporation, Nicholas C Miller, Virgil A Marple, Daryl L Roberts and Benjamin Y H Liu (Patent): IPO 22 May 2008
The applications relate respectively to a plasma reactor and a laser, both dependent for their operation on a ‘new hydrogen species’. The new hydrogen species involves the electron (the hydrogen atom has one electron) existing in a lower energy state than the lowest possible energy state recognised in standard physics. This arrangement was described in … Continue reading Blacklight Power Inc (Patent): IPO 17 Apr 2008
IPO The application related to a new way of providing a bonus when playing a gaming machine. Applying the Aerotel test the hearing officer held that, irrespective of whether the invention was claimed as a method of operating a gaming device or as the device itself, the contribution was a way of playing a game … Continue reading IGT (Patent) O/068/08: IPO 5 Mar 2008
IPO As a result of an uncontested application filed under section 13(1) by Antenova Limited, it was found that Scott William Spencer Tyler should be mentioned as a joint inventor in the published patent application and granted patent for the invention and directed that an addendum slip mentioning him as a joint inventor be prepared … Continue reading Antenova Limited, Scott William Spencer Tyler, Devis Iellici, Steven Gregory O’Keefe, James William Kingsley, Simon Philip Kingsley (Patent): IPO 29 Feb 2008
Excluded fields (refused) – The application relates to apparatus and a method for processing payments between a business software system and a payment processor. More specifically it provides an intermediate payment processor that interfaces between the business system software and the payment processors and permits a business software system to be upgraded to support additional … Continue reading Everest Software Inc (Patent): IPO 18 Jan 2008
IPO The patent application relates to a golf putter having a measurement scale and sighting means to estimate the distance to the hole. The examiner had objected that new subject matter had been added contrary to section 76, that the invention lacked inventive step in the light of four prior specifications and that it was … Continue reading Hideaki Koiwai (Patent): IPO 31 Dec 2007
IPO The claims relate to an electronic payment method and the Claimant alleged that they are excluded from patentability as not being an invention, are not novel, and lack an inventive step. The hearing officer found that the claims were both novel and inventive but found that all the claims of the patent are excluded … Continue reading Ingenico (UK) Limited and Pendawell 2007 Limited (Patent): IPO 6 Nov 2007
IPO The application relates to a method for generating links related to the content of an active window displayed on a computer screen and for embedding an icon representing these links within, for example, the title bar of the window. The application also discloses how a summary of one of these links is displayed when … Continue reading Autonomy Corporation Ltd (Patent): IPO 7 Nov 2007
IPO The application relates to a method of enabling an application running on an operating system on a portable computing device to access files stored on removable storage medium. Memory on different devices is typically managed according to different directory structures. In practice, this means that a file request from a device running on one … Continue reading Symbian Ltd (Patent): IPO 20 Aug 2007
IPO Industrial application – The application relates to an arrangement for producing power. The Hearing office held that (i) the invention was not capable of industrial application because its alleged mode of operation was contrary to well-established physical laws, and (ii) that the specification was not sufficient to enable the skilled man to produce a … Continue reading Peter Joseph Crowley (Patent): IPO 1 Aug 2007
IPO In apparatus for electronic trading a spreadsheet application calculated a series of trading commands from incoming market data and stored them in a queue to be sent at predetermined intervals to an electronic trading system (ETS); since the commands might not be synchronised with market conditions by the time they were transmitted they were … Continue reading CFPH LLC (Patent): IPO 10 Aug 2007
IPO The application relates to a method of operating a computing device to access data held in a dynamic link library (DLL) which has two parts, each part containing a number of functions. In operation, an executable program directly links to the functions in the first part through the ordinal numbers. To access the functions … Continue reading Symbian Ltd (Patent): IPO 30 Jul 2007
IPO The application is concerned with games such as poker in which a combination of cards makes up a winning hand, or slot machine symbols making a winning row. In the card variant, certain cards have associated with them other, different, cards; for example the seven of hearts could be associated with the ace of … Continue reading IGT (Patent) O/198/07: IPO 16 Jul 2007
IPO All three applications (which were unrelated) related to ways of determining the awards and bonuses to be paid to players of gaming machines, and were refused. Applying the four-step Aerotel/Macrossan test in the light of the recent judgments in Oneida Indian Nation and IGT( [2007] EWHC 0954, 1341) the hearing officer held that, irrespective … Continue reading IGT (Patent) O/184/07: IPO 4 Jul 2007
IPO (Patent) This decision is concerned with claims to computer programs for carrying out patentable methods; sometimes called ‘program on a carrier’ claims. For many years, such claims have been allowed under the Patents Act. However, following the Aerotel and Macrossan case in the Court of Appeal, the Office issued a practice notice which gave … Continue reading Astron Clinica Limited, Cyan Holdings Plc Surfkitchen Inc, Inrotis Technologies Limited, Software 2000 Ltd: IPO 4 Jul 2007
It was known for casinos to issue their own identification cards for use by players of gaming machines, but the invention allowed information to be read from a pre-existing card such as a driver’s licence or credit card and used, without decrypting it, to identify whether the player had an account. The claims related to … Continue reading Acres Gaming Incorporated (Patent): IPO 11 Jul 2007
IPO The application is concerned with a method of operating gaming machines in which players are offered games in which they can exercise a level of skill, strategy or risk. A proportion of the award (whether won or lost) from this play is fed into a steadily increasing jackpot, and the player is then able … Continue reading IGT (Patent) O/167/07: IPO 13 Jun 2007
IPO In a computer networked system for monitoring gaming machines and tables in a casino, information on player activity is sent to casino employees on portable handheld computers linked to the system allowing them to monitor play, identify the location of players and make awards of free games, goods or services. The contribution was assessed, … Continue reading IGT (Patent) O/120/07: IPO 9 May 2007
The hearing officer had deferred a decision on whether to order the claimant to give security for costs in revocation proceedings (see O/345/06) in order to allow either party to request a written opinion. The claimant so requested and the proceedings were stayed to await the opinion. This found that all claims lacked novelty over … Continue reading Ian Popeck v Runaway Technology, Inc (Patent): IPO 24 May 2007
As a result of an uncontested application filed under Section 13(1) by DNA Electronics Ltd, it was found that Leila Shepherd should be mentioned as a joint inventor in any patent granted for the invention and directed that an addendum slip be prepared mentioning her as a joint inventor for the published patent application for … Continue reading DNA Electronics Ltd, Christofer Toumazou, Bhusana Premanode and Leila Shepherd (Patent): IPO 14 May 2007
IPO This application relates to an electronic gaming machine such as a ‘slot machine’ wherein players receive monetary awards which are displayed, for example, in the form of a three digit number. The player can then choose whether to keep the original award or to modify or gamble the award. A number of methods are … Continue reading IGT (Patent) O/099/07: IPO 5 Apr 2007
IPO This application relates to an electronic gaming machine such as a ‘slot machine’ wherein players begin the game by pulling an arm or pushing a button which in turn rotates a series of reels or an equivalent video representation thereof, if when the reels stop, a winning arrangement of symbols is displayed, the player … Continue reading IGT (Patent) O/097/07: IPO 5 Apr 2007
IPO Added subject matter, Excluded fields (refused) – The invention related to a trajectory-based game of chance for implementation on a video gaming machine. The claim related to a gaming machine but in the light of Aerotel/Macrossan [2006] EWCA Civ 1371 it was agreed that the contribution was a data structure including a probability distribution … Continue reading IGT (Patent) O/054/07: IPO 22 Feb 2007
IPO The comptroller declined to deal with references under sections 8 and 12 at the joint request of both parties. Judges: Mr P Hayward Citations: [2007] UKIntelP o01907, O/019/07, GB 0228421.4 Links: Bailii Statutes: Patents Act 1977 8(7) 12(2) Intellectual Property Updated: 19 October 2022; Ref: scu.456534
Citations: O/286/05, [2005] UKIntelP o28605 Links: IPO, Bailii Statutes: Patents Act 1977 Intellectual Property Updated: 19 October 2022; Ref: scu.456441
IPO The application relates to a propulsion unit including electric and hydraulic systems alleged to work by using an alternator to maintain a battery at full charge whilst providing further electricity for auxiliary power. Objection was also raised that the invention lacked novelty and/or an inventive step on the basis of two documents. The HO … Continue reading David Duckett and Joan Duckett (Patent): IPO 12 Aug 2005
IPO Patent – In section 27 opposition proceedings, the opponent (Laird Security Hardware Limited) sought to file a supplementary statement, which was opposed by the applicant for amendment (Archibald Kenrick and Sons Limited) who requested that the opposition to amendment be struck out. It was held that admission of the supplementary statement would not materially … Continue reading Archibald Kenrick Sons v Laird Security Hardware Limited: IPO 13 Jun 2005
PO The application relates to the purchase of products over the Internet, and provides a website interface that presents information regarding the price and delivery dates of a particular product against a list of retailers. This allows a customer to decide at a glance whether to trade off the cost of a product with it’s … Continue reading Fujitsu Limited (Patent): IPO 23 Feb 2005
IPO The two applications are concerned with networked interactive wagering on the outcomes of events, with particular emphasis on reducing processing delays to a minimum so that in circumstances where prices are changing continuously, a client is provided with the most up-to-date information before placing a bet. In refusing the application, the hearing officer found … Continue reading CFPH LLC (Patent): IPO 14 Dec 2004
IPO Spaclean made a reference to the comptroller that it was entitled to be granted patents for the invention forming the subject of PCT/GB2002/00725. After completion of the evidence rounds, communication from a director of Spaclean who furnished evidence on behalf of the company, ceased. A hearing date was appointed by the Hearing Officer but … Continue reading Spaclean Limited v Grunwell (Patent): IPO 24 Jun 2004
IPO The claims were directed to a hydrophobic, pyrogenically produced silica having a tamped density of 55-200 g/l, hydrophobised by reaction with a halogen-free silane or siloxane and compacted by a roller compactor or belt filter press. In an oral decision, the hearing officer held that the claims lacked inventive step in the light of … Continue reading Degussa-Huls Ag (Patent): IPO 18 Jun 2004
IPO The invention relates to a computerised system for trading stocks, shares, currencies and the like. Offers of assets for sale and bids to buy were displayed on each trader’s workstation so that they were able to observe and participate in the market. Each bid or offer made could comprise shown and hidden portions, the … Continue reading CFPH, LLC (Patent): IPO 25 May 2004
It was common ground that one of the claimants (M) contacted one of the defendants (H) with the idea of using magnetic particles instead of electrostatic particles in Hs prior cockroach trapping technology. M also supplied samples of magnetic particles for H to test. These tests proved the concept. The hearing officer was not persuaded … Continue reading IDA Limited Et Al v University of Southampton Et Al (Patent): IPO 31 Mar 2004
OIP The invention concerns a computer-based system for a form of online betting in which the participants effectively bet against each other rather than a bookmaker. It is based on the use of ‘coupons’ which are created and traded in the system. A coupon is defined as having a set value if some future event … Continue reading Eventsmarket Pty Ltd (Patent): IPO 26 Mar 2004
IPO Excluded fields (refused) The application concerns a system to enable semiconductor design information (IP) to be shared efficiently over a computer network by registered users. Each piece of semiconductor IP includes the detailed design information, a catalog portion to enable items meeting a users search criteria to be located and supplementary information to enable … Continue reading Fujitsu Limited (Patent): IPO 2 Feb 2004
A court no longer has the discretion as to whether to amend a patent upon application, but must, following European practice, do so when a proper application is made. This is the case despite the clear wording of the English Act. A judge at first instance should be careful to follow a line of cases … Continue reading Hadley Industries Plc v Metal Sections Limited, Metsec (UK) Limited: PatC 13 Nov 1998
IPO The Hearing Officer found that the proprietor, represented by the General Manager (the Directing Mind), had effectively taken reasonable care to see that the sixteenth year renewal fee was paid by issuing standing instructions that renewal fees should be paid automatically on any overseas patent which was licenced, even if its Japanese parent patent … Continue reading Sumitomo Rubber Industries Limited (Patent): IPO 14 Nov 2003
The application was entitled Hands-free megaphone and claimed a combination of a microphone assembly, a body pack including an output horn secured by a belt around a users body, and a cable connecting the microphone assembly and the body pack. An objection of lack of inventive step was based on a French patent. It was … Continue reading Robert Leonard Carpenter (Patent) O/325/03: IPO 27 Oct 2003
IPO As a result of an uncontested application filed under section 13(1) by Rodney Stock, it was found that Rodney Stock should be mentioned as a joint inventor in the patent granted for the invention and directed that an addendum slip mentioning him as a joint inventor be prepared for the published application and for … Continue reading Rodney Stock v Pixar (Patent): IPO 1 Oct 2003
Burden of proof, Entitlement, Inventorship, Jurisdiction, Orders – One of the co-applicants for the PCT application (Mr Khemka) referred questions of inventorship and entitlement on forty applications derived from the PCT application. There was no domestic GB application. The hearing officer found that he did not have jurisdiction under sections 8 and 37 (section 9 … Continue reading Sheel Khemka v Nana-Akoto Osei (Patent): IPO 19 Sep 2003
IPO As a result of an uncontested application filed under section 13(1) by Michael Jones and Ian Henderson, it was found that they should be mentioned as joint inventors in the granted patent for the invention and directed that an addendum slip mentioning them as joint inventors be prepared for the granted patent for the … Continue reading Jones and Henderson v Protensive Limited (Patent) O-208-03: IPO 17 Jul 2003
As a result of an uncontested application filed under section 13(1) by Michael Jones and Ian Henderson, it was found that they should be mentioned as joint inventors in the granted patent for the invention and directed that an addendum slip mentioning them as joint inventors be prepared for the granted patent for the invention. … Continue reading Jones and Henderson v Protensive Limited (Patent) O-207-03: IPO 17 Jul 2003
When Hartington Conway bought Xtralite Industrial Rooflights Limited (XIRL), the sale agreement included rights to the patent applications in suit which had been applied for by XIRL. These patents related to a glazing system known as the Xlok which was invented by Mr Robert Tweedy who was a Director of XIRL but also Managing Director … Continue reading Xtralite Limited v Hartington Conway Limited (Patent): IPO 21 Feb 2003
The application was concerned with a method of creating items according to a schedule based on the location to which the items were to be transported. The examiner had not searched the application because in his view it related to a method of doing business. A report under s18(3) had been issued to the effect … Continue reading Ford Motor Company (Patent): IPO 5 Dec 2002
As a result of an uncontested application filed under section 13(1) by Julious L Willett, it was found that Julious L Willett should be mentioned as a joint inventor in the patent granted and directed that an addendum slip mentioning him as a joint inventor be prepared for the granted patent. Judges: Mrs S Williams … Continue reading Willett v Biotechnology Research Development Corporation (Patent): IPO 31 Jul 2002
Held that BT were the rightful owners of the US and Canadian applications. Mr Yashap was ordered to execute the necessary documents (Messrs Wyatt and Percival already having signed); failing that, BT were authorised to sign on his behalf. Costs awarded against Mr Kashyap, but not Messrs Wyatt and Percival. Cannings’ United States Application [1992] … Continue reading British Telecommunications Plc v Wyatt, Percival and Kashyap (Patent): IPO 17 Jul 2002
PO Patents – Inter Partes Decisions Judges: Mr P Hayward Citations: O/261/02, [2002] UKIntelP o26102, EP0549694 Links: PO, PO, Bailii Statutes: Patents Act 1977 Intellectual Property Updated: 15 October 2022; Ref: scu.455162
PO Patents – Inter Partes Decisions IPO Patents – Inter Partes Decisions – The claimant requested that the comptroller decline to deal with a reference under section 12(2) on the grounds of the complexity of the issues. The defendant consented to the request, but on the grounds that there were substantially identical grounds before the … Continue reading The Thrombosis Research Institute and Trigen Limited v West Pharmaceutical Services Drug Delivery and Clinical Research Centre Limited (Formerly Danbiosyst) Or, In The Case of The Usa, Peter Watts (Patent): IPO 6 Feb 2002
Application for revocation of patent – Patents – Inter Partes Decisions Judges: Mr P Hayward Citations: O/060/02, GB2240559, [2002] UKIntelP o06002 Links: PO, PO, Bailii Statutes: Patents Act 1977 72 Jurisdiction: England and Wales Cited by: See Also – Radiuscrown Limited v Ash Lacey Building Products Limited (Patent) IPO 4-Apr-2002 IPO Costs, Revocation, Withdrawal – … Continue reading Radiuscrown Limited v Ash Lacey Building Products Limited (Patent): IPO 7 Feb 2002
IPO Judging from the various activities the proprietor was engaged in and the range of problems he was effectively dealing with during the period the eighth year renewal fee could have been paid, the stress the applicant was experiencing was not such as to prevent him from acting in a reasonable manner. Moreover, the applicants … Continue reading Interroof Products Limited (Patent): IPO 18 Jan 2002
IPO The patent in suit relates to a portable data storage device which can be connected to the USB port of a computer. The Claimant (M-Systems) sought revocation of the patent on the grounds that the patent as granted included matter extending beyond that originally disclosed, was not novel or did not involve an inventive … Continue reading M-Systems Flask Disk Pioneers Ltd and Trek Technology (Singapore) Pte Ltd (Patent): IPO 8 Nov 2006
IPO As a result of an uncontested application filed under section 13(1) by Autoliv Development AB, it was found that Bertil Mattson should be mentioned as a joint inventor in the published patent application and granted patent and directed that an addendum slip be prepared mentioning him as a joint inventor for the published patent … Continue reading Autoliv Development Ab, Karl-Erik Tommy Andersson, Jan Ulrik Odenmo, Ola Bostrom and Bertil Mattson (Patent): IPO 23 Nov 2006
IPO Excluded fields (allowed) – The applications relate to the use of parallel processing in active memory applications. Following the CFPH approach, the Hearing Officer was able to identify an advance in the art that lay outside the description of an invention in the sense of Article 52 of the EPC. However, he could find … Continue reading Micron Europe Limited (Patent): IPO 20 Sep 2006
IPO The claims related to an apparatus for gaming which was networked to a host computer and allocated players to levels each with an associated amount beyond which a player would be given an award. The nearest prior art was the applicant’s published application which lay in the section 2(3) field and had been refused … Continue reading Acres Gaming Incorporated (Patent): IPO 18 Sep 2006
IPO Excluded fields (refused), Inventive step – The four applications all concerned gaming machines typically for use in arcades, in which there was a main game and a bonus game. The specific embodiments differed between the applications, but in all cases the inventions concerned the switching between the main game and bonus game and/or what … Continue reading IGT (Patent) O/211/06: IPO 27 Jul 2006
IPO In early January 2002, Bruker SA assigned the patent in suit to Hightechcare SA. The patent was to be paid for in instalments ending on 31st December 2003, so Bruker insisted on keeping the files until that date. The assignment contained no arrangements as to who should renew the patent in the period until … Continue reading Bruker Sa (Patent): IPO 21 Jul 2006
IPO The application relates to a method for facilitating retrieval of image data from a database and how a user interacts with the database. The user is interrogated as to attributes of the image data and the system selects images based on metadata already stored with the image, there being facility to update that metadata … Continue reading Hewlett-Packard Company (Patent): IPO 12 Jun 2006
ICO The application related to a networked gaming system which changed the game content and behaviour based on recorded data about players, thus allowing a casino operator to tailor the experience to an individual. Using the approach in CFPH LLP’s Appn [2005] EWHC 1589, it was not disputed that any advance lay in the feedback … Continue reading Acres Gaming Incorporated (Patent): IPO 3 May 2006
The Claimant withdrew his reference under Sections 13 and 37 and the Defendant asked for an award of costs on an ‘exemplary basis’. A decision on this issues was made on the papers and the Hearing Officer awarded the Defendants the sum of andpound;500 to be paid by the Claimant. Judges: Mr P Back Citations: … Continue reading Nigel Melling v William Butler David Birkett (Patent): IPO 28 Mar 2006
IPO In section 27 opposition proceedings, the opponent (Laird Security Hardware Limited) argued that the application to amend should be refused on the grounds that it contravenes section 76 in that it introduces additional matter; that it contravenes section 14 in that the claims as amended are not clear; and that it does not rectify … Continue reading Archibald Kenrick Sons Limited v Laird Security Hardware Limited: IPO 15 Mar 2006
The applicant failed to respond to an examination report under section 18(3) of the Act, by the final date specified in the report for reply. He did not communicate with the Office at all until a letter was sent to him some 18 months after the final date for reply warning that the end of … Continue reading Samuel Abekah-Mensah (Patent): IPO 1 Feb 2006
As a result of an uncontested application filed under section 13(1) by Pinchas Goldstein, it was found that Pinchas Goldstein should be mentioned as a joint inventor in any patent granted for the invention and and directed that an addendum slip mentioning him as a joint inventor be prepared for the published application of the … Continue reading Pinchas Goldstein v Diamond and Jewelry-4-U Ltd (Patent): IPO 3 Dec 2001
IPO The patent concerned a non-woven fabric used primarily for wound dressing. The parties had discussed such a wound dressing in 1993, and in 1994 a company was formed to carry on the business of development and production of wound dressings, with the parties as shareholders. The defendant was managing director and had approached a … Continue reading Chan v Jeffcoat (Patent): IPO 20 Jun 2001
IPO As a result of an uncontested application filed under section 13(1) by Amit Jain, it was found that Amit Jain should be mentioned as a joint inventor in any patent granted for the invention and directed that an addendum slip mentioning him as a joint inventor be prepared for the published patent application. Judges: … Continue reading Amit Jain v Asahi (Patent): IPO 10 Apr 2001
IPO The registered proprietor sought to have a late-filed statutory declaration admitted in evidence in support of its applications for amendment and correction. In proceedings which had been running some time, the HO decided that the proprietor had not discharged the onus on it to demonstrate that the nature of the fresh evidence and the … Continue reading Baker Hughes Incorporated v Halliburton Energy Services Inc (Patent): IPO 2 Jan 2001
PO Patents – Inter Partes Decisions – In an EP patent that had been found bad for lack of novelty and obviousness (see Decision O/147/97) an opportunity for amendment was given. When the applicant tried to take advantage of this opportunity, the proposed amendments were opposed, initially by Morgan only and subsequently by both Morgan … Continue reading Kaiser v Morgan and Schmidt: IPO 14 Aug 2000
IPO Crompton Lighting applied to revoke GB2059196B on the grounds that it was not new and did not involve an inventive step. The proprietor, Emergi-Lite Safety Systems, filed a counter-statement, but the two parties reached a settlement before any evidence was filed. Following the settlement, the applicant sought leave to withdraw from the revocation proceedings. … Continue reading Crompton Lighting Ltd v Emergi-Lite Safety Systems Ltd (Patent): IPO 18 May 2000
As a result of an uncontested application filed under section 13(1) by Ayumu Taniguchi and Juni-ichi Tanabe, it was found that Ayumu Taniguchi and Juni-ichi Tanabe should be mentioned as a joint inventors in the granted patent and directed that an addendum slip mentioning them as a joint inventors be prepared for the granted patent … Continue reading Ayumu Taniguchi Juni-Ichi Tanabe v Toyo Kohan Co Ltd (Patent): IPO 27 Jan 2000
Citations: [1998] UKIntelP o02198 Links: Bailii Statutes: Patents Act 1977 Jurisdiction: England and Wales Intellectual Property Updated: 07 October 2022; Ref: scu.453129
IPO An uncontested application was filed by Beertech UK Limited 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. An uncontested application was also filed by Beertech UK Limited under section 13(3). It was found that Narendra Patel should … Continue reading Beertech UK Limited, Jolley, Comerford and Patel (Patent): IPO 26 Nov 2008
The claimants alleged patent infringement. The defendants denied infringement but also sought the revocation of the three patents for Electronic Programming Guides, involving the transfer of data from one computer disc to another. Held: The invention had to have a physical effect outside the computer system. Judges: Mann J Citations: [2009] EWHC 3068 (Ch), [2010] … Continue reading Gemstar-TV Guide International Inc and Others v Virgin Media Ltd and Another: ChD 26 Nov 2009
The defendants wanted to defend their patent against a possible infringement. There were negotiations, following which the defendants wrote claiming damages or licence fees. The claimant asserted that the letter constituted a threat. The defendant argued justification. Held: The court has to determine in all the circumstances not only whether a threat was made but … Continue reading Cintec International Ltd v John Humphries Parkes (T/A Dell Explosives) and Another: ChD 2 Oct 2003
Robinson Willey Limiteds application to amend GB 2305499 in the light of three items of Japanese prior art was opposed by Baxi Heating Limited. No explicit reasons were given for the proposed amendments to the claims other than they sought to distinguish the claimed invention from the prior art. The opponents grounds of opposition were … Continue reading Baxi Heating Limited and Robinson Willey Limited (Patent): IPO 10 Aug 2004
Patent infringement action. Judges: The Hon Mr Justice Kitchin Citations: [2005] EWHC 3024 (Ch) Links: Bailii Statutes: Patents Act 1977 64 Jurisdiction: England and Wales Citing: Cited – Cobbold v London Borough of Greenwich CA 9-Aug-1999 The tenant had sought an order against the council landlord for failure to repair her dwelling. The defendant appealed … Continue reading Forticrete Ltd v Lafarge Roofing Ltd: ChD 25 Nov 2005
Judges: Floyd J Citations: [2011] EWHC 2720 (Pat), [2012] RPC 13 Links: Bailii Statutes: Patents Act 1977 Citing: Appeal from – Protecting Kids The World Over (PKTWO) Limited (Patent) IPO 23-Dec-2010 IPO The invention concerned a system for monitoring an electronic communication on the internet such as a chat room, e.g. being used by a … Continue reading Re Protecting Kids The World Over (PKTWO) Ltd: PatC 26 Oct 2011
Infringement allegation Citations: [2013] EWPCC 31 Links: Bailii, Gazette Statutes: Patents Act 1977 67(1) Jurisdiction: England and Wales Intellectual Property Updated: 10 September 2022; Ref: scu.510889
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011
Challenge to validity of patent and defence and request for amendment. Judges: Sir Andrew Morritt, Richards, Patten LJJ Citations: [2011] EWCA Civ 382 Links: Bailii Statutes: Patents Act 1977 75 Jurisdiction: England and Wales Intellectual Property Updated: 06 September 2022; Ref: scu.431895
The parties were co-proprietors of a patent. Mr Hughes appealed a decision confirming an order that the patent must be exploited. Held: The comptroller had the power to make such an order. Parliament could not have intended a deadlock situation between the proprietors to allow the frustration of the exploitation of the patent. Though given … Continue reading Hughes v Paxman: CA 23 Jun 2006
The claimant sought statutory compensation, having whilst employee of the defendant, created a pump which came to widely used in the testing of diabetic status. Judges: Arnold J Citations: [2014] EWHC 1647 (Pat), [2014] RPC 29, [2014] WLR(D) 242 Links: Bailii, WLRD Statutes: Patents Act 1977 41(1) Jurisdiction: England and Wales Citing: See Also – … Continue reading Shanks v Unilever Plc and Others: PatC 23 May 2014
Appeal against refusal to admit supplementary statement of case. The claimant had, while employed by the defendant created a pump which came to be widely used in the management of diabetes. He was seeking recompense for his contribution. Judges: Mann J Citations: [2009] EWHC 3164 (Ch), [2010] RPC 11, [2010] Bus LR 761, (2010) 33(2) … Continue reading Shanks v Unilever Plc and Others: ChD 3 Dec 2009
The claimants sought sole ownership of a patent. Held: The judge had erred when he reversed the decision of the hearing officer that the claimant was sole owner of the patent. The court expressed its regret that the matter had not been resolved without proceedings. Entitlement proceedings were inevitably complicated and expensive. They were more … Continue reading IDA Ltd and others v The University of Southampton and others: CA 2 Mar 2006
SC Kymab alleged that the relevant patents are invalid for insufficiency because they did not enable the ordinary skilled person to work the claimed invention across the breadth of the claims. The patents were concerned with biotechnology, and in particular the production of human antibodies using transgenic mice. By the priority date, the potential uses … Continue reading Regeneron Pharmaceuticals Inc v Kymab Ltd: SC 24 Jun 2020
A constructive trust can only arise as against a legal owner only by virtue of an unconscionable act by the legal owner. A claim by an employee against an employer in respect of ownership of a patent was unlikely to succeed. Citations: Times 13-Nov-1998 Statutes: Patents Act 1977 39 Jurisdiction: England and Wales Intellectual Property … Continue reading French v Mason and Another: ChD 13 Nov 1998
A patent which was applied for as a result of a breach of confidence may be capable of giving the victim of the breach the benefit of an interest in the patent. In the UK at least the basis of an entitlement claim must be a breach of the claimant’s right to the invention and … Continue reading Markem Corporation and Another v Zipher Ltd: CA 22 Mar 2005
Shutz sued Werit for patent infringement, Delta for patent infringement, trade mark infringement and passing off. Both actions concerned the same subject matter, namely intermediate bulk containers, otherwise known as IBCs, and the same patents. Shutz was the exclusive licensee of the three patents in suit and the second defendant in each case was the … Continue reading Schutz (UK) Ltd v Werit UK: PatC 23 Jan 2009
The claimant challenged the term given extending the defendant’s patent under a Supplementary Protection Certificate. Judges: Roger Wyand QC Citations: [2009] EWHC 659 (Ch) Links: Bailii Statutes: Patents Act 1977 34 Jurisdiction: England and Wales Intellectual Property Updated: 30 July 2022; Ref: scu.347452
The applicant appealed rejection of its application for a patent for a method and apparatus for modelling synthetic crystalline structures. The apparatus would involve (indeed consist of) a computer programmed for the task. Held: A pure software application or method did not become registrable merely because it took control of a computer screen; it was … Continue reading In Re A Patent Application No 9204959 2 by Fujitsu Ltd; Merrill Lynch, Gale, and Fujitsu Limited’s Application: ChD 18 Jun 1996
A patent was granted for a product, produced by the bacterium streptomyces hygroscopicus, called rapamycin, which was useful to suppress transplant rejection. Because rapamycin was a known product at the priority date, it could not be patented: neither could its use as a treatment, because that would offend section 4(2) of the Patents Act 1977. … Continue reading American Home Products Corporation, Professor Roy Calne v Novartis Pharmaceuticals UK Limited: ChD 2000
The applicants appealed against rejection of their claims for patents under section 1(2) of the 1977 Act. Judges: Lewison J Citations: [2009] EWHC 343 (Pat), [2009] Bus LR D51, [2009] FSR 19 Links: Bailii Statutes: Patents Act 1977 1(2) Jurisdiction: England and Wales Intellectual Property Updated: 23 July 2022; Ref: scu.317963
