Patent decision

BL number

O/139/02

Concerning rights in

Concerning application to extend the period prescribed in rule 85(1) for international application WO99/47965 to enter the UK national phase

Hearing Officer

Mr M C Wright

Decision date

2 April 2002

Person(s) or Company(s) involved

Mr James F Pilat Jr.

Provisions discussed

Patents Rules 1995, Rule 110(4)

Keywords

Extensions of time

Related Decisions

None

Summary

The applicant took a conscious decision for his international application not to enter the national phase in the UK, preferring instead to pursue the European regional route. Unfortunately, his agent omitted to designate the European regional phase on the request form. While the applicant may have intended obtaining patent protection in the UK, he did not have a continuing underlying intension (re. Heatexs Application) to enter the UK national phase within the period prescribed in rule 85(1), which was the period for which an extension had been requested. To allow the extension would be to allow him to change his mind, which would be an assault on public certainty and contrary to the scheme of the Act and Rules. If the EPO was not prepared to allow the international application to be amended to correct the agents error then that is no reason for allowing the applicant to use rule 110(4) to change his mind and have a second chance to pursue the UK route. The Hearing Officer accordingly refused to allow the extension.