British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
United Kingdom Intellectual Property Office Decisions
You are here:
BAILII >>
Databases >>
United Kingdom Intellectual Property Office Decisions >>
Wonderland Nurserygoods Co., Ltd (Patent) [2011] UKIntelP o43511 (3 December 2011)
URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o43511.html
Cite as:
[2011] UKIntelP o43511
[
New search]
[
Printable PDF version]
[
Help]
Wonderland Nurserygoods Co., Ltd [2011] UKIntelP o43511 (3 December 2011)
For the whole decision click here: o43511
Patent decision
- BL number
- O/435/11
- Concerning rights in
- GB1119141.8
- Hearing Officer
- Mr S Probert
- Decision date
- 3 December 2011
- Person(s) or Company(s) involved
- Wonderland Nurserygoods Co., Ltd
- Provisions discussed
- Section 15(9), rule 19, rule 108
- Keywords
- Divisional application, Extensions of time
- Related Decisions
- None
Summary
A divisional application was filed out of time, after the end of the period ending three months before the compliance date. The applicant asked the comptroller to exercise discretion under rule 108 to extend the period for filing a divisional application. The hearing officer concluded that it was right to extend the period and allow the late-filing because a) the first examination report did not include the usual warning about the three month deadline, and b) the second examination report only referred to the grant deadline, when in fact the period for filing a divisional application expired earlier because of the three month deadline.