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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr Paul Neil MacMullen (Patent) [2003] UKIntelP o30703 (14 October 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o30703.html
Cite as: [2003] UKIntelP o30703
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Mr Paul Neil MacMullen [2003] UKIntelP o30703 (14 October 2003)
For the whole decision click here: o30703
Patent decision
- BL number
- O/307/03
- Concerning rights in
- GB 0026317.8
- Hearing Officer
- Mr M C Wright
- Decision date
- 14 October 2003
- Person(s) or Company(s) involved
- Mr Paul Neil MacMullen
- Provisions discussed
- Patents Rules 1995, Rule 110(4)
- Keywords
- Extensions of time
- Related Decisions
- None
Summary
During the period prescribed for filing a request for preliminary examination and search, the applicant did not have the funds necessary to pay the £130 fee which had to accompany such a request. However, the Hearing Officer was satisfied that the applicant had made strenuous attempts to obtain the funds to pay the fee. In referring to the reasoning set out in the decision on Heatex Group Limited's Application [1995] RPC 546, the Hearing Officer was satisfied that the applicant's continuous efforts to obtain funds to pay the fee was an indication of his continuing underlying intention to request preliminary examination and search and there was nothing to suggest that he had digressed from that objective and had since changed his mind. The Hearing Officer therefore allowed the extension request.