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United Kingdom Intellectual Property Office Decisions
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Omnicell.com (Patent) [2002] UKIntelP o32902 (8 August 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o32902.html
Cite as:
[2002] UKIntelP o32902
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Omnicell.com [2002] UKIntelP o32902 (8 August 2002)
For the whole decision click here: o32902
Patent decision
- BL number
- O/329/02
- Concerning rights in
- Application to restore patents EP0597558, EP0594268 and EP0429660
- Hearing Officer
- Mr M C Wright
- Decision date
- 8 August 2002
- Person(s) or Company(s) involved
- Omnicell.com
- Provisions discussed
- PA.1977, Section 28(3)
- Keywords
- Restoration
- Related Decisions
- None
Summary
The proprietor’s failure to notify the patent agents it used to handle renewal fees about the acquisition of the patents could not be dismissed as an isolated oversight. It was not a routine task but a fundamental first step in seeing that the renewal fees were paid. Moreover, the proprietor’s failure to inform the Patent Office about the assignment of the patents and to furnish a new UK address for service contributed to the delay in the rule 39(4) official reminder notice reaching an appropriate person in the proprietor company. The Hearing Officer was not therefore satisfied that the proprietor had taken reasonable care and refused the application for restoration.