Patent decision

BL number

O/281/12

Concerning rights in

GB2373896

Hearing Officer

Mr B Buchanan

Decision date

25 July 2012

Person(s) or Company(s) involved

Intel Corporation

Provisions discussed

PA 1977 Sections 73(2) & 76(3)

Keywords

Added subject matter, Amendment, Claim construction

Related Decisions

None

Summary

The decision considers revocation under section 73(2) of GB 2373896B, deemed to be for the same invention as EP 1259870B1. The hearing officer considered three issues - whether proposed amendments to the granted GB patent filed under section 73(2) disclose additional matter; whether they extend the protection conferred; and whether they define the same invention as the conflicting EP patent. The hearing officer found that of the two amended claims, claim 2 was unallowable under section 76(3)(b) for extending the scope of protection. Claim 1 was allowable and following the principles of Marley’s Patent did not define the same invention as the EP patent. The hearing officer gave the applicants one month to file further amendments to address the issues of non-compliance, to avoid revocation.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2012/o28112.html