Haberman v Comptroller General of the Patent Office & Anor

Haberman v Comptroller General of the Patent Office & Anor

Section 118 of the Patents Act 1977 does not oblige the Comptroller to provide information on the withdrawal date of an unpublished patent application where the official records no longer exist. The section is limited to providing information available from the Patent Office’s official records and does not create a procedure for ascertaining facts or reconstructing information from external sources. The appeal is dismissed.

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
Patent Appeal / High Court Appeal From Patent Office Decision
Outcome
Appeal dismissed
Legal Topics
Patent Priority Date, Withdrawal of Patent Applications, Disclosure of Patent Office Records, Statutory Interpretation of Patents Act Section 118
Intellectual Property Law Patent Law Patent Priority Date Withdrawal of Patent Applications Disclosure of Patent Office Records Statutory Interpretation of Patents Act Section 118

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Parties

Mandy Haberman

Claimant

The Comptroller General of the Patent Office

1st Respondent

Playtex Products Inc

2nd Respondent

Procedural Posture

Patent Appeal / High Court Appeal From Patent Office Decision

Legal Issues

  1. 1 Whether the Comptroller is obliged under section 118 of the Patents Act 1977 to provide information on the withdrawal date of an unpublished patent application when official records no longer exist
  2. 2 Whether section 118 entitles a party to demand the date of withdrawal of an unpublished application
  3. 3 Interpretation of section 118 and its interaction with the Rules

Ratio Decidendi

Section 118 of the Patents Act 1977 does not oblige the Comptroller to provide information on the withdrawal date of an unpublished patent application where the official records no longer exist. The section is limited to providing information available from the Patent Office’s official records and does not create a procedure for ascertaining facts or reconstructing information from external sources. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

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