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United Kingdom Intellectual Property Office Decisions
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Smith International v Specialised Petroleum Services (Patent) [2006] UKIntelP o35806 (11 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o35806.html
Cite as:
[2006] UKIntelP o35806
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Smith International v Specialised Petroleum Services [2006] UKIntelP o35806 (11 December 2006)
For the whole decision click here: o35806
Patent decision
- BL number
- O/358/06
- Concerning rights in
- GB2335687
- Hearing Officer
- Mr P Hayward
- Decision date
- 11 December 2006
- Person(s) or Company(s) involved
- Smith International v Specialised Petroleum Services
- Provisions discussed
- Section 72, Section 75, Section 65
- Keywords
- Certificate of contested validity, Revocation
- Related Decisions
- [2004] UKIntelP o35204
Summary
The defendant had succeeded at the High Court in overturning the original decision before the Patent Office that the proposed amended claim 1 lacked novelty. This decision was overturned at the High Court and an appeal by the claimant against the High Court judgment was dismissed by the Court of Appeal. The defendant submitted revised claims to be considered before the Patent Office including a clarifying amendment to claim 1, deletion of a claim which was disallowed in the earlier Patent Office proceedings owing to added matter, and amendments to the dependencies of some subordinate claims. The defendant had also requested a certificate of contested validity. The hearing officer ordered that the patent should be amended as requested and granted a certificate of contested validity.