Patent decision

BL number

O/208/07

Concerning rights in

PCT applications GB2006/004703, GB2006/004708 and GB2006/004712

Hearing Officer

Mr B Micklewright

Decision date

26 July 2007

Person(s) or Company(s) involved

TEC Armech Limited et al

Provisions discussed

PCT Rules 14, 15, 16 and 16bis

Keywords

PCT application

Related Decisions

O/383/00, O/460/01

Summary

The applicant filed three PCT applications on 15 December 2006 at the UK Office acting as receiving Office under the PCT. On 11 January 2007 the Office received fee sheets in relation to the applications but there were at that time insufficient funds in the agent’s deposit account to pay the fees. A cheque topping up the account was received on 12 January 2007 but no fee sheets or other instructions indicating that the cheque should be used to pay the outstanding PCT fees were included with the cheque. The one month deadline for paying the fees subsequently expired and the Office indicated that late payment fees were therefore now due. Mr. Brooks paid the fees together with the late payment fees but requested that the late payment fees be refunded as the Office had both a request to take the fees (the 11 January fee sheets) and the money itself (the 12 January cheque) by the 15 January deadline for paying the fees. The Office disagreed, arguing that the fax sent on 11 January 2007 indicated that there were insufficient funds available and that new fee sheets should be sent with any subsequent top-up. Moreover they argued that they had acted in accordance with their Terms and Conditions for the Operation of Deposit Accounts. The hearing officer held that the Office had acted fairly and in accordance with its Terms and Conditions in this case. The fees had therefore not be paid on time and thus late payment fees were payable. The Office should not therefore refund the late payment fees.