Haberman v Comptroller General of the Patent Office & Anor [2003] EWHC 430 (Patent) (5 March 2003)

Haberman v Comptroller General of the Patent Office & Anor [2003] EWHC 430 (Patent) (5 March 2003)

Section 118 of the Patents Act 1977 does not oblige the Comptroller to provide information regarding the withdrawal date of an unpublished patent application where the official records no longer exist, nor does it entitle persons to demand such information except in the limited circumstances expressly provided for in the Act.

Citation
[2003] EWHC 430 (Patent)
Parties
Claimant: Mandy Haberman; 1st Respondent: The Comptroller General of the Patent Office; 2nd Respondent: Playtex Products Inc
Jurisdiction
England and Wales
Judgment Date
05 March 2003
Procedural Posture
Appeal From Patent Office Decision / Judgment After Hearing
Outcome
Appeal dismissed
Legal Topics
Patent Application Withdrawal, Section 118 Patents Act 1977, Disclosure of Patent Information, Priority Date Regeneration, Interpretation of Statutory Duties
Intellectual Property Patent Law Patent Application Withdrawal Section 118 Patents Act 1977 Disclosure of Patent Information Priority Date Regeneration Interpretation of Statutory Duties

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Parties

Mandy Haberman

Claimant

The Comptroller General of the Patent Office

1st Respondent

Playtex Products Inc

2nd Respondent

Procedural Posture

Appeal From Patent Office Decision / Judgment After Hearing

Legal Issues

  1. 1 Whether the Comptroller is obliged under section 118 of the Patents Act 1977 to provide information regarding the withdrawal date of an unpublished patent application when official records no longer exist
  2. 2 Whether section 118(5) entitles the applicant or others to demand the date of withdrawal of an unpublished application

Ratio Decidendi

Section 118 of the Patents Act 1977 does not oblige the Comptroller to provide information regarding the withdrawal date of an unpublished patent application where the official records no longer exist, nor does it entitle persons to demand such information except in the limited circumstances expressly provided for in the Act.

Court Disposition

Appeal dismissed

Orders

  • Respondents awarded costs: £2,561.15 to the Comptroller and £3,078.65 to Playtex, payable in 14 days.