Source: All England Reporter
Publisher Citation: [2002] All ER (D) 192 (Nov)
Court: Chancery Division
Judge:

Jacob J

Representation Richard Miller QC and Khawar Qureshi (instructed by Berg & Co) for the appellant.
  Guy Burkhill QC (instructed by Edwards Evans Barker) for the respondent.
Judgment Dates: 14 November 2002

Catchwords

Patent - Revocation - Application to revoke by patent agent on behalf of undisclosed principal - Meaning of 'on the application of any person' - s 72(1).

The Case

A patent granted the patentee a monopoly and it was open to any member of the public to challenge a purported public monopoly. It followed that, in respect of an application under s72(1) of the no locus standi was required and the proceedings would be allowed to proceed unless they were conducted in such a way as to constitute an abuse of process.

Practice Areas

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