A request to amend under Section 27 was opposed. No counterstatement was received from the Applicant and the opposition was treated as uncontested. The Opponent asked to be heard and argued that this situation was different to that in Norsk Hydro AS’s Patent [1997] RPC 1989 where the amendments had been treated as withdrawn where no counterstatement had been filed to an opposition. The Hearing Officer agreed and heard the opposition. The hearing officer concluded that the amendments did not cure the defect identified by the Applicant in that they did not distinguish the patent from the prior art. The amendments were refused.
Citations:
[2008] UKIntelP o10908
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 20 October 2022; Ref: scu.457009