International Patent Application Fails
In re Abaco Machines (Australasia) Pty Ltd’s Application
[2007] EWHC 347 (Pat)
Ch D (Patents Court)
28 February 2007
Weekly Law Notes Summary
Where a patent applicant unintentionally failed to file a Patent Co-operation Treaty application during the priority period of an earlier application, its subsequent filing of a UK national application did not satisfy s 5(2C)(b) of the Patents Act 1977. Lewison J so held in the Chancery Division when dismissing the appeal of Abaco Machines (Australasia) Pty Ltd from the decision of Mr G J Rose’Meyer, a hearing officer acting for the Comptroller, on 30 October 2006, who held that Abaco could not file national applications, including one in the UK Patent Office, outside the 12-month period for normal priority and maintain the priority date of an earlier application filed in Vietnam.