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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> John Michael Gordon (Patent) [2008] UKIntelP o37407 (2 January 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o37407.html
Cite as: [2008] UKIntelP o37407
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John Michael Gordon [2008] UKIntelP o37407 (2 January 2008)
For the whole decision click here: o37407
Patent decision
- BL number
- O/374/07
- Concerning rights in
- PCT/GB2007/003189
- Hearing Officer
- Mr B Micklewright
- Decision date
- 2 January 2008
- Person(s) or Company(s) involved
- John Michael Gordon
- Provisions discussed
- PCT Rule 26bis.3
- Keywords
- PCT application, Priority date
- Related Decisions
- None
Summary
The applicant filed a PCT application claiming priority from an application which had a filing date 14 months earlier. The applicant also made a request to the UK-IPO acting as receiving Office under the PCT to restore the right of priority under PCT Rule 26bis.3. The hearing officer found that due to the circumstances the applicant found himself in at the time the normal twelve month priority period expired, the failure to file the PCT application within the twelve month period was unintentional, the criterion specified in PCT Rule 26bis.3(a)(ii), and therefore allowed restoration of the right of priority on those grounds. The hearing officer made no decision on whether this failure occurred in spite of due care required by the circumstances having been taken, the criterion specified in PCT Rule 26bis.3(a)(i).