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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Clinical Product Development Ltd (Patent) [2000] UKIntelP o21000 (26 June 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o21000.html
Cite as: [2000] UKIntelP o21000
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Clinical Product Development Ltd [2000] UKIntelP o21000 (26 June 2000)
For the whole decision click here: o21000
Patent decision
- BL number
- O/210/00
- Concerning rights in
- EP0580630
- Hearing Officer
- Mr M C Wright
- Decision date
- 26 June 2000
- Person(s) or Company(s) involved
- Clinical Product Development Ltd
- Provisions discussed
- PA 177 section 28
- Keywords
- Restoration
- Related Decisions
- None
Summary
The proprietor had used the services of an annuity paying agency (CPA) in order to pay the annual renewal fees on the patent. For the seventh year renewal fee, CPA sent four reminders to the proprietor, two before the due date and two after it (when the fee could still be paid with an additional late payment fee on top). The proprietor did not respond on the understanding that CPA had agreed not to let the patent lapse without express instructions to do so. However, the hearing officer found no evidence that such an agreement had been put in place, and noted that one of the reminders from CPA actually asked if the proprietor wished to give standing instructions for the patent to be renewed automatically, thus implying that such an arrangement was not already in place. Taking these and other factors into account - including a telephone conversation between the proprietor and a member of CPAs staff - the hearing officer found that reasonable care had not been taken by the proprietor to ensure that the renewal fee was paid, and so refused to restore the patent.