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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Medisup International N.V. (Patent) [2005] UKIntelP o21105 (27 July 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o21105.html
Cite as: [2005] UKIntelP o21105
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Medisup International N.V. [2005] UKIntelP o21105 (27 July 2005)
For the whole decision click here: o21105
Patent decision
- BL number
- O/211/05
- Concerning rights in
- EP(UK) 0537166
- Hearing Officer
- Dr H Edwards
- Decision date
- 27 July 2005
- Person(s) or Company(s) involved
- Medisup International N.V.
- Provisions discussed
- PA..1977 section 28
- Keywords
- Restoration
- Related Decisions
- None
Summary
The directing mind (R) of the patentee company in Australia had set up a competent system for renewals which involved a firm of patent attorneys (S) in France monitoring deadlines and issuing reminders (up to three) to a related company (N) of the patentees in France, who were instructed to fax the reminders to R for decision as to payment. Renewal of the EP(UK) was to be carried out at the same time as renewal in 14 other European countries. Three reminders for the EP(UK) were issued by S but R did not receive any of them because of unrelated incidents at N. The Office had taken the view that R should have noticed and acted if a reminder was missing from a batch and not received subsequently, but the hearing officer held that it was reasonable for R to rely on a system that used three reminders and had worked well in the past, and hence that it was reasonable for him not to be concerned about reminders he had not been presented with. The application for restoration was thus allowed.