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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mrs Margaret Fleming Somner (Patent) [2003] UKIntelP o13903 (16 May 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o13903.html
Cite as: [2003] UKIntelP o13903

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Mrs Margaret Fleming Somner [2003] UKIntelP o13903 (16 May 2003)

For the whole decision click here: o13903

Patent decision

BL number
O/139/03
Concerning rights in
GB2314263
Hearing Officer
Mr M C Wright
Decision date
16 May 2003
Person(s) or Company(s) involved
Mrs Margaret Fleming Somner
Provisions discussed
Patents Act 1977, Section 28(3)
Keywords
Restoration
Related Decisions
None

Summary

The proprietor failed to reconstitute her renewal reminder system after losing her diary. She also omitted to inform the Patent Office of her change of address which meant that the official rule 39(4) reminder notice never reached her. Although she was under stress at the time she was still able to perform other demanding tasks. The Hearing Officer was not therefore satisfied that her condition was such as to excuse her from taking reasonable care. However, he took the view that the failure to pay the renewal fee was attributable in part to the Office's failure to make any attempt to contact the proprietor by telephone when the reminder notice was returned. He therefore exercised discretion under rule 100 and extended the period for paying the fee.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o13903.html