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United Kingdom Intellectual Property Office Decisions
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Penife International Limited (Patent) [2003] UKIntelP o38203 (5 November 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o38203.html
Cite as:
[2003] UKIntelP o38203
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Penife International Limited [2003] UKIntelP o38203 (5 November 2003)
For the whole decision click here: o38203
Patent decision
- BL number
- O/382/03
- Concerning rights in
- PCT/GB 2003/002308
- Hearing Officer
- Dr H Edwards
- Decision date
- 5 November 2003
- Person(s) or Company(s) involved
- Penife International Limited
- Provisions discussed
- PCT Article 11(1)(iii)
- Keywords
- Filing date
- Related Decisions
- None
Summary
The international application was filed with description but no claims, so that no filing date could be awarded. The description did however contain a consistory clause indicative of the intended scope of protection, which, it was argued, amounted to a claim. It was held however that the consistory claim was not on the face of it a claim, and the application would therefore have to take the date on which a claim was subsequently provided.