Patent decision

BL number

O/584/21

Concerning rights in

GB2537810

Hearing Officer

Mr P Thorpe

Decision date

5 August 2021

Person(s) or Company(s) involved

Michael Stephens and Andrew Bartlett v Anthony Brian Mellows

Provisions discussed

Patents Act Section 37

Keywords

Abuse of process, Entitlement, Striking out

Related Decisions

O/234/19

Summary

An earlier reference between ABMWaterstop, of which Michael Stephens and Andrew Bartlett were both directors, and Mr Mallows was treated as uncontested following ABMWaterstop entering voluntary liquidation. An uncontested decision was issued giving entitlement to Brian Mallows. The current reference seeks to change the findings of that earlier reference and to determine that Michael Stephens and Andrew Bartlett are entitled to the patent alongside Brian Mallows.

This decision considers a request by Brian Mallows that I strike out the current reference as an abuse of process. It is argued that the matter is res judicata because of the earlier decision. Having considered the relevant case law, the Hearing Officer has concluded that the latest reference does not constitute an abuse of process and has allowed the reference to proceed.

Full decisionO/584/21  329Kb