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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Barry Mellor (Patent) [2008] UKIntelP o08708 (20 March 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o08708.html
Cite as: [2008] UKIntelP o8708, [2008] UKIntelP o08708

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Barry Mellor [2008] UKIntelP o08708 (20 March 2008)

For the whole decision click here: o08708

Patent decision

BL number
O/087/08
Concerning rights in
GB 2405579 A
Hearing Officer
Mr S Probert
Decision date
20 March 2008
Person(s) or Company(s) involved
Barry Mellor
Provisions discussed
Section 117B, Rule 109
Keywords
Extensions of time
Related Decisions
None

Summary

The applicant in this case did not respond to the first examination report until he received a letter from the Office (nearly four years later) saying that because he had not replied to the examination report his application was going to be treated as refused.

The Hearing Officer concluded that it was no longer possible to extend the reply period because more than two months had elapsed since the period had expired. He also decided that if he had had discretion to accept a late response, the reasons given were not sufficient to justify a favourable exercise of that discretion in the particular circumstances of this case. The application was refused for failure to comply with section 18(3) within the specified period.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o08708.html