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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Threeway Pressings Ltd (Patent) [2012] UKIntelP o12412 (20 March 2012)
URL: http://www.bailii.org/uk/cases/UKIntelP/2012/o12412.html
Cite as: [2012] UKIntelP o12412
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Threeway Pressings Ltd (Patent) [2012] UKIntelP o12412 (20 March 2012)
Patent decision
- BL number
- O/124/12
- Concerning rights in
- GB0709447.7
- Hearing Officer
- Mr P Slater
- Decision date
- 20 March 2012
- Person(s) or Company(s) involved
- Threeway Pressings Ltd
- Provisions discussed
- Confidentiality; Novelty; Third party observations
- Keywords
- Confidentiality, Novelty, Third party observations
- Related Decisions
- None
Summary
The invention relates to a dual purpose emergency evacuation chair with caterpillar tracks which can lift a wheelchair and its occupant and safely transport them downstairs, or alternatively is equipped with a seat arrangement for transporting a person alone downstairs. Third party observations were filed under section 21 to the effect that the invention is invalid as it was disclosed to the public prior to the filing date of the application. The applicants argue that the disclosure was made in breach of confidence and should therefore be disregarded under section 2(4) of the Act.
The Hearing Officer found that whilst the disclosure was sufficient to constitute a prior use disclosure within the meaning of section 2 of the Act, it was made in breach of confidence, and as such, it should be disregarded in accordance with section 2(4) of the Act, referring to the judgment in Coco v A N Clark (Engineers) Ltd [1969] RPC 41 in support of his decision.