Information Commissioner's Office

UK Intellectual Property Office

3 July 2007, Education (Other)

The Complainant requested all the information in files relating to his complaint to the Patent Office. The Patent Office disclosed all the information it held apart from one statement. The Patent Office refused to release the statement as it was created solely for the purpose of an inquiry under the Register of Patent Agent Rules 1978 and therefore exempt under section 32(2)(a) Court Records. The Patent Office also stated the information was provided in confidence from the Patent Agent and section 41 of the Act was also engaged. The Commissioner investigated the application of both exemptions and has found that the exemption under section 32(2)(a) is engaged in respect of the information requested and has therefore not investigated the application of section 41. The Commissioner finds that the Patent Office dealt with the request in accordance with the requirements of Part 1 of the Act and therefore requires no steps to be taken. An appeal was made to the Information Tribunal, but the appeal was dismissed.

FOI 32: Not upheld