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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 >> Gordon Ross (Patent) [2003] UKIntelP o26703 (29 August 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o26703.html Cite as: [2003] UKIntelP o26703 |
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For the whole decision click here: o26703
Summary
No response was received from Dr Ross to Section 18(3) examination reports within the time period specified on the six cases listed above. In requesting the Comptrollers discretion to allow late responses, Dr Ross cited pressure of work in developing his invention, family bereavements, redundancy, and non-receipt of some of the reports. He also claimed to have filed responses on time on three of the cases. The HO rejected the reason of pressure of work as being unexceptional, found that the family bereavements and redundancy had occurred some considerable time before the issue of the examination reports in question and so did not constitute good reasons, and was not able to accept that Dr Ross had not received four separate communications from the Office sent over a period of 3 weeks, thus rejecting that reason also. There was no evidence within the Office that Dr Ross had filed responses as he claimed, and he was unable to provide any evidence such as proofs of posting or filing receipts so his claim to have responded in time on these cases was also rejected. The HO duly refused the applications for failure to respond in time to the several Section 18(3) reports.
