Decision Nº O/523/13 from Intellectual Property Office - (Patent decisions), 31 December 2013
| Judge | Mr P Slater |
| Court | Intellectual Property Office (United Kingdom) |
| Date | 31 December 2013 |
| Patent Number | GB2432617 B |
| Administrative Decision Number | O/523/13 |
| Parties | Interiors Manufacturing Limited v Lizzanno Partitions (UK) Limited |
BL O/523/13
31 December 2013
BETWEEN
Interiors Manufacturing Limited
Proprietor
and
Lizzanno Partitions (UK) Limited
Opponents
PROCEEDINGS
Request under section 74B of the Patents Act 1977
for a Review of Opinion 07/12 issued
on patent number GB2432617 B
HEARING OFFICER
Peter Slater
DECISION
Introduction
1 This decision relates to a request for a review of opinion 07/12 (“the Opinion”) under
section 74B of the Patents Act (the “Act”). The Opinion was requested by M&S
Solicitors Limited, as to whether claims 1 and 12 of GB2432617 B (“the Patent”),
would be infringed by an apparatus as described and illustrated in the request (“the
Proposal”). The Opinion, which was issued on 14 May 2012, concluded that there
was no infringement of the patent.
2 The proprietors of the patent, Interiors Manufacturing Limited, requested a review of
the Opinion under section 74B of the Act on 14 August 2012. The request itself was
incomplete in that it did not include a copy of Patents Form 2 which was
subsequently filed on 15 August 2012 outside of the normal three month period
allowed for filing such a request. The proprietor therefore requested a discretionary
extension in respect of the aforementioned deadline on the grounds that there had
been an error in their Records Department where the relevant date had been
incorrectly recorded. The hearing officer acceded to their request and granted an
extension sufficient for the review to proceed.
3 Filemot Technology Law Ltd filed a counter statement on behalf of Lizzanno
Partitions (UK) Limited on 14 December 2012 contesting the application and
requesting the Comptroller give summary judgment on the grounds that the
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