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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Central Research Laboratories Ltd (Patent) [2000] UKIntelP o41900 (4 October 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o41900.html Cite as: [2000] UKIntelP o41900 |
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For the whole decision click here: o41900
Summary
The applicants had requested that the Comptrollers discretion be exercised to allow the patent application to proceed as a divisional application even though it was filed outside the time by rule 24(1). After deciding not to proceed with the parent application the applicants had changed their minds when their commercial circumstances had altered. It was held that this did not amount to the exceptional circumstances necessary to justify favourable exercise of discretion to extend the rule 24(1) period.
The applicants also argued that, following the late filing of section 21 observations on the earlier application, under rule 37(3) the examiner should have issued a section 18 report. This would have resulted in an extension under rule 34(2) of the period for putting that application into order and the present application would then have been filed within the rule 24(1) period. It was held that a section 18 report did not necessarily issue following section 21 observations. In this case no such report had issued and hence there was no extension under rule 34(2) of the earlier application.
