Patent decision

BL number

O/0483/23

Concerning rights in

GB2217981.6

Hearing Officer

Mr B Buchanan

Decision date

26 May 2023

Person(s) or Company(s) involved

Musco Corporation

Provisions discussed

Patents Act 1977, section 15(9); The Patents Rules 2007, rules 19, 30, 107, 108

Keywords

Divisional application, Extensions of time, Rectification of irregularities

Related Decisions

None

Summary

This decision relates to whether to exercise the discretion of the Comptroller under rule 108(1) to extend the period of time allowed under r.19 for filing a divisional application under section 15(9) of the Act. The application had already been filed, so the hearing officer specifically considered whether to allow GB2217981.6 to be divided from application GB2101995.5 and thereby accorded the same filing date. In so doing he assessed whether the circumstances were exceptional and that the applicant had been properly diligent, following Penwalt-™s Application. He concluded that this requirement was not met and so refused to allow antedating of GB2217981.6. The application will proceed as a normal application. During proceedings it came to light that there had been an irregularity of process by the Office, whereby grant of GB2101995.5 had not been delayed following filing of GB2217981.6 pending assessment under section 15(9). The hearing officer decided to rectify the irregularity by inviting the applicant to request revocation of the grant of GB2101995.5 and extension of the compliance period under rule 107(1), enabling a new divisional application to be filed. The applicant was given 28 days to respond.

Full decisionO/0483/23  323Kb