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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr Dick Lucien Chitolie (Patent) [2004] UKIntelP o07804 (25 March 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o07804.html
Cite as: [2004] UKIntelP o07804, [2004] UKIntelP o7804
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Mr Dick Lucien Chitolie [2004] UKIntelP o07804 (25 March 2004)
For the whole decision click here: o07804
Patent decision
- BL number
- O/078/04
- Concerning rights in
- GB0106932.9
- Hearing Officer
- Mr M C Wright
- Decision date
- 25 March 2004
- Person(s) or Company(s) involved
- Mr Dick Lucien Chitolie
- Provisions discussed
- Patents Rules 1995, Rule 110(4)
- Keywords
- Third party terms
- Related Decisions
- None
Summary
The applicant objected to the imposition of terms (commonly referred to as "third party terms") as a condition for him accepting the Office’s decision to exercise discretion under rule 110(4) to extend the period for filing a request for substantive examination. The terms, which are analogous to those in section 28A, are intended to protect the interests of third parties who may have started in good faith to use the invention between the date the patent application was announced as ceased and the date the request for an extension of time was published. The Hearing Officer found that the terms struck the right balance between the interest of the public and the rights of the applicant and that the balance of justice demanded that such terms should be applied.