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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Runaway Technology Inc and Landmark Mosaics Ltd (Patent) [2008] UKIntelP o05308 (22 February 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o05308.html
Cite as: [2008] UKIntelP o5308, [2008] UKIntelP o05308
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Runaway Technology Inc and Landmark Mosaics Ltd [2008] UKIntelP o05308 (22 February 2008)
For the whole decision click here: o05308
Patent decision
- BL number
- O/053/08
- Concerning rights in
- EP 0852363
- Hearing Officer
- Mr P Thorpe
- Decision date
- 22 February 2008
- Person(s) or Company(s) involved
- Runaway Technology Inc and Landmark Mosaics Ltd
- Provisions discussed
- PA1977 Sections 74B
- Keywords
- Opinions and Reviews
- Related Decisions
- OPINION 1/07
Summary
The proprietor of the patent, Runaway Technology, requested a review under section 74B of the Patents Act of Opinion 1/07. This had found that claims 1-43 of the patent lacked novelty on the basis of a prior disclosure of the invention by the inventor. The proprietor argued that the opinion was based on material submitted by Landmark Mosaics in its observations in reply that was not strictly in reply. It was also argued that the opinion examiner had wrongly applied the test in Coco v A N Clark when considering whether any confidentiality existed in respect of the prior disclosure.
Following the guidance given by the Patents Court in DLP Limited as to the nature of reviews of opinions, the hearing officer concluded that the opinion examiner had not made an error of principle in admitting the observations in reply or in applying the test in Coco v Clark. Accordingly the opinion was not set aside.