Patent decision

BL number

O/142/00

Concerning rights in

GB9818184.5, GB9818186.0, GB9818187.8, GB9818188.6

Hearing Officer

Mr P Hayward

Decision date

8 February 2000

Person(s) or Company(s) involved

Cerise Innovation Technology Ltd v Comodo Technology Development Ltd

Provisions discussed

PA 1977 section 8

Keywords

Entitlement, Evidence, Extensions of time

Related Decisions

[1999] UKIntelP o35599, [2000] UKIntelP o06700, [2000] UKIntelP o17100

Summary

The claimant had already launched entitlement proceedings under section 8 in respect of four GB applications, had been heard in the matter and was awaiting the issue of the Hearing Officers decision. In the meantime, the claimant launched further entitlement proceedings on four further applications (those listed above) and, after the comptroller refused to consolidate both entitlement proceedings (see O/355/99), the claimant asked for an extension to the period for filing evidence in chief in these later proceedings. An extension of three months had been agreed, but the claimants then requested a further extension of time, which was opposed by the defendants.

In the event, the Hearing Officer agreed to further extend the period to three weeks from the date of issue of his decision on the first four patent applications (subsequently issued as O/67/00 on 23 February 2000). This was based on the fact that, although he had refused to consolidate the proceedings on the two sets of patent applications, there would be many issues in common and the parties should have time to consider the decision on the first proceedings before filing evidence in the second proceedings.