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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Ranco Incorporated (Patent) [2000] UKIntelP o38400 (10 October 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o38400.html
Cite as: [2000] UKIntelP o38400
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Ranco Incorporated [2000] UKIntelP o38400 (10 October 2000)
For the whole decision click here: o38400
Patent decision
- BL number
- O/384/00
- Concerning rights in
- EP(UK)0105256
- Hearing Officer
- Mr R Walker
- Decision date
- 10 October 2000
- Person(s) or Company(s) involved
- Ranco Incorporated
- Provisions discussed
- PA 1977 section 28
- Keywords
- Renewal, Restoration
- Related Decisions
- None
Summary
A decision to allow the patent to lapse was based on the fact that a corresponding commercial product was no longer in production. This was a mistake because the patent was relevant to other products. It was submitted that the person who took the decision should not be regarded as the directing mind since he was out of touch with the product range associated with the patent. However, it was decided that he was the directing mind because he had the authority to make a decision on the renewal of the patent for the proprietor. Moreover, he did not take reasonable care to see that the renewal fee was paid because he decided not to pay the fee (Atlas Powder Co.s Patent[1995] RPC 357 followed).