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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mrs Jennifer Morrison Holdham (Patent) [2005] UKIntelP o12905 (6 May 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o12905.html
Cite as: [2005] UKIntelP o12905
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Mrs Jennifer Morrison Holdham [2005] UKIntelP o12905 (6 May 2005)
For the whole decision click here: o12905
Patent decision
- BL number
- O/129/05
- Concerning rights in
- GB2286521
- Hearing Officer
- Mr M C Wright
- Decision date
- 6 May 2005
- Person(s) or Company(s) involved
- Mrs Jennifer Morrison Holdham
- Provisions discussed
- Patents Act 1977, Section 28(3)
- Keywords
- Restoration
- Related Decisions
- None
Summary
The proprietor argued that health problems, stress and lack of funds contributed to her not paying the renewal fee. However, she failed to furnish supporting evidence from a medical practitioner confirming that her health and stress related problems were such as to affect her ability to act in a reasonable manner and to pay the renewal fee. To the contrary, there was ample evidence that she was actively engaged in numerous and demanding tasks at the time the renewal fee could have been paid. Moreover, there is clear evidence that she was preoccupied with preparing to display the product covered by her patent at exhibitions and devoted much of her efforts to securing funds for that purpose. However, there is no evidence that she made diligent efforts to obtain funds specifically to pay the renewal fee. There was also a suggestion that she may have had doubts about maintaining her patent. The Hearing Officer was therefore not persuaded that the proprietor took reasonable care to see that the renewal fee was paid and refused to allow restoration.