Patent decision

BL number

O/203/05

Concerning rights in

EP(UK) 0899198 and EP(UK) 0905029

Hearing Officer

Dr H Edwards

Decision date

18 July 2005

Person(s) or Company(s) involved

Medea International Limited

Provisions discussed

PA 1977, Section 28(3)

Keywords

Restoration

Related Decisions

None

Summary

When the renewals of these patents fell due, the proprietor was Rocky Mountain Traders Limited (RMT).

RMT went into voluntary liquidation and Medea International Limited (Medea) acquired the patents and the business of RMT some three months into the grace period of six months allowed to effect late renewal. RMT and Medea had had a good working relationship in the past and Medea had accepted RMT's assurances that the renewals had been paid. They had in fact not been paid, of which RMT should have been aware, as their agents had clearly notified them.

The Office had taken the view that among other factors, Medea should not have taken assurances on the status of the patents at face value, even from trusted business associates: Medea should have taken steps to establish the true position themselves. However, some three days prior to the hearing further evidence was filed showing that Medea had within the relevant period asked RMT specifically about the renewal status of the patents. They had been given unequivocal but erroneous assurances by RMT that they had been renewed.

The hearing officer took the view that Medea should have taken more steps to establish the true status of the patents, but he accepted that in the light of RMT's unequivocal response to Medea's enquiry and the general level of trust that existed between the two sides, it was not difficult to see why Medea were persuaded by the earlier assurances they had had from RMT and took no further action on the renewals. The hearing officer was therefore satisfied that Medea exercised the degree of care which was reasonable under the circumstances and allowed restoration.