Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mrs Margaret Fleming Somner (Patent) [2003] UKIntelP o13903 (16 May 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o13903.html
Cite as: [2003] UKIntelP o13903
[New search] [Printable PDF version] [Help]
Mrs Margaret Fleming Somner [2003] UKIntelP o13903 (16 May 2003)
For the whole decision click here: o13903
Patent decision
- BL number
- O/139/03
- Concerning rights in
- GB2314263
- Hearing Officer
- Mr M C Wright
- Decision date
- 16 May 2003
- Person(s) or Company(s) involved
- Mrs Margaret Fleming Somner
- Provisions discussed
- Patents Act 1977, Section 28(3)
- Keywords
- Restoration
- Related Decisions
- None
Summary
The proprietor failed to reconstitute her renewal reminder system after losing her diary. She also omitted to inform the Patent Office of her change of address which meant that the official rule 39(4) reminder notice never reached her. Although she was under stress at the time she was still able to perform other demanding tasks. The Hearing Officer was not therefore satisfied that her condition was such as to excuse her from taking reasonable care. However, he took the view that the failure to pay the renewal fee was attributable in part to the Office's failure to make any attempt to contact the proprietor by telephone when the reminder notice was returned. He therefore exercised discretion under rule 100 and extended the period for paying the fee.