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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr Brian Leo Hardman. (Patent) [2002] UKIntelP o42302 (17 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o42302.html
Cite as: [2002] UKIntelP o42302
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Mr Brian Leo Hardman. [2002] UKIntelP o42302 (17 October 2002)
For the whole decision click here: o42302
Patent decision
- BL number
- O/423/02
- Concerning rights in
- GB 2297781
- Hearing Officer
- Mr M C Wright
- Decision date
- 17 October 2002
- Person(s) or Company(s) involved
- Mr Brian Leo Hardman.
- Provisions discussed
- PA.Section 28(3)
- Keywords
- Restoration
- Related Decisions
- None
Summary
The patent ceased due to failure by proprietor to pay the sixth year renewal fee. The Hearing Officer decided that the proprietor failed to take reasonable care to establish a system to remind him when to pay the renewal fee or to properly read and act upon the rule 39(4) official reminder notice he received from the Patent Office. The Hearing Officer accepted that the proprietor was under pressure which would have affected his ability to perform at full efficiency. However, in the absence of any medical evidence to the contrary, the Hearing Officer concluded that the proprietor was able to function in a reasonable manner as was evident from the fact that he was coping with other demanding tasks and that his preoccupation with these other endeavours contributed to his failure to take appropriate action on receipt of the official reminder.