Decision Nº O/049/99 from Intellectual Property Office - (Patent decisions), 12 February 1999
| Judge | Mr P Hayward |
| Court | Intellectual Property Office (United Kingdom) |
| Date | 12 February 1999 |
| Patent Number | GB9801764.3, GB9801765.0, GB9801767.6, GB9801768.4 |
| Administrative Decision Number | O/049/99 |
| Parties | Cerise Innovation Technology Limited v Melih Abdulhayoglu |
1
PATENTS ACT 1977
IN THE MATTER OF a reference
under section 8 by Cerise Innovation
Technology Limited in respect of four
UK patent applications in the name of
Melih Abdulhayoglu
PRELIMINARY DECISION
1. Cerise Innovation Technology Limited (“the referrer”) has referred to the Comptroller
under section 8(1)(a) of the Patents Act 1977 the question of entitlement to the grant of
patents in respect of certain inventions made by Melih Abdulhayoglu (“the inventor”). These
inventions were the subject of four UK patent applications - 9801764.3, 9801765.0,
9801767.6 and 9801768.4 - which have all been withdrawn prior to publication.
2. The inventor has filed a counterstatement, but seeks an order for security of costs from the
referrer before the action proceeds any further. The referrer has resisted such an order. Both
sides have submitted arguments in writing and agreed that I should decide whether or not to
order security for costs on the basis of their written submissions. That is the sole issue with
which this decision is concerned.
3. The first question I have to decide is whether I have the jurisdiction to make such an order
in the circumstances of this case. If the answer is yes, I then have to decide whether I should
exercise my discretion to do so. If the answer to that is also yes I would need to decide the
amount, but that is not really an issue. The Comptroller announces from time to time the level
of security he will ordinarily require when he makes an order for security for costs. That level
currently stands at £900 and both sides accept that if I do decide to require security for costs,
the amount should be £900. Indeed, the referrer has already said he will provide this level of
security if I so order.
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