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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Withers Rogers v Jon Henry Dobson (Patent) [2006] UKIntelP o33106 (23 November 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o33106.html
Cite as: [2006] UKIntelP o33106
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Withers Rogers v Jon Henry Dobson [2006] UKIntelP o33106 (23 November 2006)
For the whole decision click here: o33106
Patent decision
- BL number
- O/331/06
- Concerning rights in
- GB2312386 B
- Hearing Officer
- Mr P Back
- Decision date
- 23 November 2006
- Person(s) or Company(s) involved
- Withers & Rogers v Jon Henry Dobson
- Provisions discussed
- PA 1977 sections 1(1), 3 and 72(1).
- Keywords
- Inventive step, Revocation
- Related Decisions
- None
Summary
Withers & Rogers, a firm of patent attorneys, applied for the revocation of Mr Dobson’s patent on behalf of an anonymous client. The grounds were that the invention was not patentable because it lacked an inventive step having regard to certain prior art, notably patent number US5347765 and an alleged marketing brochure from a company called Joran Bor A/S. The invention relates to an elongate mortar raking tool coated with diamond grit for use with an angle grinder.
The claimant failed to provide sufficient evidence to prove the publication date of the non-patent citation, though the obviousness of the invention in the event that the citation’s date had been proven was considered.
The hearing officer found the patent to be inventive over the cited prior art and dismissed the application for revocation.