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United Kingdom Intellectual Property Office Decisions
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Bowthorpe plc v Raychem Ltd (Patent) [2000] UKIntelP o09400 (14 March 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o09400.html
Cite as:
[2000] UKIntelP o09400,
[2000] UKIntelP o9400
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Bowthorpe plc v Raychem Ltd [2000] UKIntelP o09400 (14 March 2000)
For the whole decision click here: o09400
Patent decision
- BL number
- O/094/00
- Concerning rights in
- GB 2254739
- Hearing Officer
- Mr S N Dennehey
- Decision date
- 14 March 2000
- Person(s) or Company(s) involved
- Bowthorpe plc v Raychem Ltd
- Provisions discussed
- PA 1977 sections 29, 72
- Keywords
- Inventive step, Revocation, Surrender
- Related Decisions
- None
Summary
The claimants applied for revocation of the GB patent on the grounds that the invention as defined in the claims was not inventive relative to identified prior art. The proprietors of the patent, Raychem Ltd, indicated that they did not wish to contest the application for revocation and offered to surrender the patent. Nevertheless, the claimants wished for revocation proceedings to continue. On the papers, the Hearing Officer considered that at least one ground for revocation had been made out on the basis of lack of inventive step, and since this was uncontested, it was sufficient for revocation of the patent to succeed. The offer of surrender was therefore declined and the patent revoked.