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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mario Joseph Charalambous (Patent) [2010] UKIntelP o40810 (29 November 2010) URL: http://www.bailii.org/uk/cases/UKIntelP/2010/o40810.html Cite as: [2010] UKIntelP o40810 |
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For the whole decision click here: o40810
Summary
Patent GB2310274 was announced as ceased in the Patents Journal due to a failure to pay the 14th year renewal fee. The Office had however failed to process a notification of a change of address for service correctly which had resulted in the renewal reminder being sent to the wrong address. The Office was prepared to reinstate the patent under rule 107 but considered it necessary to impose conditions to protect the interests of third parties who may have proceeded on the basis of the announcement that the patent had ceased. The patentee did not agree to the conditions. The hearing officer decided that in exercising discretion under rule 107 the comptroller should impose these conditions, and that the appropriate conditions were those set out in section 28A of the Patents Act 1977 in relation to restorations. The reinstatement was subject to payment of outstanding renewal fees.