An appeal from the Patents Office relating to an exercise of discretion required that it should be shown that there was error of principle. It has to be shown that the decision maker below exercised his discretion under a mistake of law, or in disregard of principle, or under a misapprehension as to the facts, or that he took into account irrelevant matters or failed to exercise his discretion, or the conclusion which he reached in the exercise of his discretion was ‘outside the generous ambit within which a reasonable disagreement is possible’.
Judges:
Mr Justice Jacob
Citations:
Unreported, 9 November 2001
Jurisdiction:
England and Wales
Cited by:
Cited – Clear Focus Imaging Inc v Contra Vision Limited ChD 16-Nov-2001
The patentee sought to amend its specification.
Held: The court expressed its concern that the appeal had first been listed as an oral hearing, though quite propelry it had now been dealt with on the papers. The court had to be shown some . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Litigation Practice
Updated: 21 June 2022; Ref: scu.166824
