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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PMF Products Ltd (Patent) [2021] UKIntelP o71421 (5 October 2021)
URL: http://www.bailii.org/uk/cases/UKIntelP/2021/o71421.html
Cite as: [2021] UKIntelP o71421

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Patent decision

BL number
O/714/21
Concerning rights in
GB2578612
Hearing Officer
Mr H Jones
Decision date
29 September 2021
Person(s) or Company(s) involved
PMF Products Ltd
Provisions discussed
Section 72
Keywords
Costs, Inventive step, Novelty, Revocation
Related Decisions
None

Summary

An uncontested application for revocation of the patent on the grounds of lack of novelty and inventive step based on prior public disclosure of the patentee-™s products. The claimant asked for off-scale costs on account of the patentee having acted in bad faith in filing the application knowing that the invention had already been disclosed to the public and also for enforcing the patent when it knew it wasn-™t valid. The hearing officer found that the patentee had behaved reasonably by not contesting the application for revocation. In any case, it is tribunal practice to not award costs against a patentee in undefended revocation actions unless factors exist which suggest otherwise. The patent was ordered to be revoked and no costs order was made.

Full decisionO/714/21 PDF document 54Kb


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URL: http://www.bailii.org/uk/cases/UKIntelP/2021/o71421.html