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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> B.W.N. Live Oil Pty Ltd (Patent) [2004] UKIntelP o13704 (17 May 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o13704.html
Cite as: [2004] UKIntelP o13704
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B.W.N. Live Oil Pty Ltd [2004] UKIntelP o13704 (17 May 2004)
For the whole decision click here: o13704
Patent decision
- BL number
- O/137/04
- Concerning rights in
- GB 2231602
- Hearing Officer
- Mr M C Wright
- Decision date
- 17 May 2004
- Person(s) or Company(s) involved
- B.W.N. Live Oil Pty Ltd
- Provisions discussed
- Patents Act 1977, Section 28(3)
- Keywords
- Restoration
- Related Decisions
- None
Summary
Mr Carroll, the Managing Director of the proprietor company, who had overall responsibility for seeing that the patent was renewed, instructed his assistant to prepare a cheque for payment of the patent renewal fee. Inexplicably the assistant prepared a cheque for payment of a trademark application which she knew Mr Carroll had decided not to pursue. When presented with the cheque for signature Mr Carroll had no reason to believe it was for anything other than the patent renewal as he had instructed, particularly as it was for a similar amount. Consequently, the patent was not renewed. The Hearing Officer took the view that Mr Carroll had taken reasonable care to see that the renewal fee was paid by issuing clear and unambiguous instructions to an experienced, competent and trusted employee and that the failure of that employee to carry out those instructions, contrary to her duties, was not something Mr Carroll could have foreseen. The Hearing Officer therefore decided to allowed restoration.