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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Plasma Coatings Ltd and HIP Ltd (Patent) [2000] UKIntelP o01900 (1 February 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o01900.html Cite as: [2000] UKIntelP o1900, [2000] UKIntelP o01900 |
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For the whole decision click here: o01900
Summary
The joint proprietors had agreed between them a system for payment of renewal fees, whereby one of them (HIP) would receive reminders from a patent annuity payment agency (CPA) and contact the other (Plasma) to confirm whether to renew the patent for a further year. HIP would pay the renewal fee and then invoice Plasma for half the amount. In the thirteenth year, the matter of renewals was again discussed between the proprietors and Plasma was invoiced for half the fee in the usual way, which was duly paid. Nevertheless, CPA did not receive payment nor any instructions to pay the fee. Further reminders were sent to HIP by CPA and by the Office. Due to a change in staff at HIP, the final reminder from CPA was sent to the new member of staff with responsibility for the companys patents, who assumed that the renewal fee had been paid. The hearing officer identified the relevant staff at HIP as the directing mind when it came to renewal fee payments, and held that they had not exercised reasonable care to ensure that the fees were paid. The application for restoration was therefore refused.