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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr James Anthony Barry (Patent) [2002] UKIntelP o24902 (19 June 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o24902.html
Cite as: [2002] UKIntelP o24902
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Mr James Anthony Barry [2002] UKIntelP o24902 (19 June 2002)
For the whole decision click here: o24902
Patent decision
- BL number
- O/249/02
- Concerning rights in
- Concerning application to restore patent GB2249125
- Hearing Officer
- Mr M C Wright
- Decision date
- 19 June 2002
- Person(s) or Company(s) involved
- Mr James Anthony Barry
- Provisions discussed
- PA.1977, Section 28(3)
- Keywords
- Restoration
- Related Decisions
- None
Summary
The difficulties the proprietor was experiencing during the period in which the ninth year renewal fee could have been paid were not such as to prevent or absolve him from taking reasonable care to see that the fee was paid after receiving renewal reminders from his patent agent. It was clear that he was capable of carrying on a number of demanding activities at the time the fee could have been paid. The fact that he chose to file the agents reminders away, without having any system to bring them to his attention later, suggests that he did not give patent renewal payments the same degree of care as the other activities with which he was preoccupied. The Hearing Officer refused to allow the request for restoration.