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United Kingdom Intellectual Property Office Decisions
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Dynamic Products Limited v Clares Merchandise Handling Equipment Limited (Patent) [2003] UKIntelP o22003 (7 August 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o22003.html
Cite as:
[2003] UKIntelP o22003
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Dynamic Products Limited v Clares Merchandise Handling Equipment Limited [2003] UKIntelP o22003 (7 August 2003)
For the whole decision click here: o22003
Patent decision
- BL number
- O/220/03
- Concerning rights in
- GB 2333698
- Hearing Officer
- Mr P Back
- Decision date
- 7 August 2003
- Person(s) or Company(s) involved
- Dynamic Products Limited v Clares Merchandise Handling Equipment Limited
- Provisions discussed
- PA.1977 section 29, 72
- Keywords
- Inventive step, Novelty, Revocation, Surrender
- Related Decisions
- None
Summary
The claimants applied for revocation of the GB patent on the grounds that the invention as defined in the claims is not patentable for lack of novelty and/or inventive step relative to identified prior art and prior use. Before completion of the usual evidence rounds, the Proprietor submitted an offer to surrender the patent and subsequently indicated that they would not oppose a decision to revoke the patent. On the papers, the Hearing Officer considered that at least one ground for revocation had been made out on the basis of lack of novelty, and since this was uncontested, it was sufficient for revocation of the patent to succeed. The offer to surrender was therefore declined and the patent revoked.