Patent decision

BL number

O/329/02

Concerning rights in

Application to restore patents EP0597558, EP0594268 and EP0429660

Hearing Officer

Mr M C Wright

Decision date

8 August 2002

Person(s) or Company(s) involved

Omnicell.com

Provisions discussed

PA.1977, Section 28(3)

Keywords

Restoration

Related Decisions

None

Summary

The proprietor’s failure to notify the patent agents it used to handle renewal fees about the acquisition of the patents could not be dismissed as an isolated oversight. It was not a routine task but a fundamental first step in seeing that the renewal fees were paid. Moreover, the proprietor’s failure to inform the Patent Office about the assignment of the patents and to furnish a new UK address for service contributed to the delay in the rule 39(4) official reminder notice reaching an appropriate person in the proprietor company. The Hearing Officer was not therefore satisfied that the proprietor had taken reasonable care and refused the application for restoration.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o32902.html