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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Strix Ltd and Otter Controls Ltd (Patent) [2009] UKIntelP o34408 (2 January 2009) URL: http://www.bailii.org/uk/cases/UKIntelP/2009/o34408.html Cite as: [2009] UKIntelP o34408 |
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For the whole decision click here: o34408
Summary
The opponent opposed the patentee’s request under section 27 of the Patents Act 1977 for amendment of the patent, arguing, inter alia, that the patentee had delayed excessively before bringing the request to amend. The patentee sought the striking out of this ground following the amendment to the Patents Act which required the Comptroller to have regard to corresponding practice under the European Patent Convention. The hearing officer, following the reasoning in Markem v Zipher [2008] EWHC 1379 (Pat), held that the conduct of the patentee was no longer grounds for refusing amendment under section 27. As a result, he struck out that part of the opponent’s statement of case.