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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 >> Bending Light Limited (Patent) [2008] UKIntelP o02508 (30 January 2008) URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o02508.html Cite as: [2008] UKIntelP o02508, [2008] UKIntelP o2508 |
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For the whole decision click here: o02508
Summary
The patent proprietor faced a number of difficulties including internal organisational wrangling and huge financial challenges. As a result, a conscious business decision was taken to delay payment of the renewal fee into the 6 months grace period, the final date for payment being 15 March 2005. With difficult business decisions to make, legal obligations to meet and limited funds available, the company faced a traumatic time. Various efforts were made to raise funds and some of these were successful resulting in many of the company’s liabilities being met. However at the hearing it was argued that since these funds were fully allocated, failure to pay the renewal fee was caused by a lack of funds.
Evidence showed that funding was available during the relevant period in which the patent could have been renewed. For commercial reasons other debts were paid but the patent renewal fee was not. The hearing officer found that when funds were available a choice was made to use these for other purposes rather than pay the renewal fee. Based on the facts of the case, the hearing officer was not satisfied that the applicant exercised reasonable care to see the renewal fee was paid in time or during the six month grace period. The application for restoration was therefore refused.
