For the whole decision click here: o02204
Summary
Ownership of the patent was transferred back to the inventor from a company to which it had been assigned. The inventor revealed for the first time at the hearing that when he asked his solicitor, who had previously handled renewal of the patent, to arrange for the patent to be held by a non-trading company it was also agreed that the solicitor would again take on responsibility for renewing the patent. In a subsequent witness statement the solicitor did not disagree with the inventors recollection of what was agreed. In referring to the precedent established in Frazer's Patent [1981] RPC 53, the Hearing Officer concluded that the proprietor had exercised reasonable care to see that the fee was paid by engaging a solicitor who he knew to be familiar with handling renewal fees and who he was entitled rely on to ensure the seventh year renewal fee was paid.