Patent decision

BL number

O/137/07

Concerning rights in

EP(UK) 0852363

Hearing Officer

Mr R C Kennell

Decision date

24 May 2007

Person(s) or Company(s) involved

Ian Popeck v Runaway Technology, Inc

Provisions discussed

PA 1977 Sections 72, 74A and 74B

Keywords

Costs, Opinions and Reviews, Revocation

Related Decisions

[2006] UKIntelP o34506

Summary

The hearing officer had deferred a decision on whether to order the claimant to give security for costs in revocation proceedings (see O/345/06) in order to allow either party to request a written opinion. The claimant so requested and the proceedings were stayed to await the opinion. This found that all claims lacked novelty over one document, but that no objection arose in respect of the other documents referred to. The hearing officer considered the claimant’s case sufficiently meritorious for him not to be forced into a premature withdrawal for lack of funds. He therefore resumed the revocation proceedings and set the evidence rounds, but made no order for security for costs (although without prejudice to the defendant being able to make a further request if circumstances changed). He also invited the claimant to conside r whether he wished to maintain his case in its entirety and gave a period for him to request amendment of his statement if he so wished. The proceedings and the hearing officer’s order would be stayed in the event of an appeal or of a request for a review of the opinion under section 74B.