Revocation proceedings were brought before the Comptroller General of Patents, Designs and Trade Marks. The revocation proceedings were withdrawn, but the Comptroller decided to continue his examination. The patent owner sought to challenge this decision.
Held: There is a difference between proceedings before the Comptroller conducted under the Manual of the Patent Office, and proceedings at court under the CPR. Under the latter, the court had no jurisdiction to continue after proceedings had been withdrawn, but that restriction did not apply to the Comptroller.
Judges:
Laddie J
Citations:
Times 12-Mar-2002, Gazette 15-Mar-2002
Statutes:
Patents Act 1977 77, Civil Procedure Rules 38
Jurisdiction:
England and Wales
Intellectual Property, Civil Procedure Rules
Updated: 12 April 2022; Ref: scu.167748
