Patent decision

BL number

O/027/09

Concerning rights in

GB 0324999.2 and in GB 0813475.1

Hearing Officer

Mr B Micklewright

Decision date

29 January 2009

Person(s) or Company(s) involved

Floodsentry Ltd

Provisions discussed

Patents Act 1977 Sections 15(9), 18(3) and 20A; Patents Rules 2007 Rule 19

Keywords

Divisional application, Extensions of time, Reinstatement

Related Decisions

None

Summary

GB 0324999.2 was initially filed in the name of WT (UK) Limited but was later assigned to Floodsentry Ltd. WT (UK) did not respond to an examination report issued under section 18(3) in relation to application GB 0324999.2 within the specified period as extended. The applicant then requested reinstatement but as the application had at that time not been refused or treated as refused or withdrawn the reinstatement provisions did not apply. Nor could the period for replying to the examination report be extended under rule 108(2). The hearing officer considered whether to allow a late-filed response to the examination report. He found that the failure to file a response to the examination report within the period specified by the examiner and then extended was not unintentional as a person with responsibility for the patent application within WT (UK) made a conscious decision not to reply to the examination report within the specified period as extended due to discussions in relation to possible assignment taking place at that time. The hearing officer could not identify any other factors which would justify exercising discretion to allow a late response. He therefore refused the application under section 18(3).

Divisional application GB 0813475.1 was filed in the name of Floodsentry Ltd outside the period prescribed by rule 19 for the filing of divisional applications. The applicant requested an extension of this period but the hearing officer found that there were not sufficient grounds for him to exercise discretion to allow the request. He therefore refused the request.