Exxon Chemical Patents, Inc. v the Lubrizol Corporation

OFFICIAL NOTICE

DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS

ApplicationNo. 666346 in the name of Exxon Chemical Patents

TitleRefrigeration working fluid compositions

ActionRequest for extension of time to file a notice of opposition under section 223 , and opposition thereto by the applicant

DecisionIssued 6 SEP 1996

PATENTS ACT 1990

DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS

Re:Patent Application No. 666346 (31518/93) by EXXON CHEMICAL PATENTS, INC.

and

opposition thereto by THE LUBRIZOL CORPORATION

DECISION

At the hearing, after filing of additional statutary declarations by Callin Lawrie, representing Lubrizol, Exxon agreed to withdraw its opposition to the extension bf time sought under section 223. Accordingly I grant an extension of time to file a notice of oppositon until 9th May 1996, the time sought by Lubrizol.

As agreed by both parties at the hearing I award costs to Exxon.

Delegate of the Commissioner of Patents

Patent attorneys for the applicant Watermark:

Patent attorneys for the opponent Callinan Lawrie:

CaseChat Overview and Summary

In the matter of Exxon Chemical Patents, Inc. versus The Lubrizol Corporation, the dispute centered around an application for an extension of time to file a notice of opposition under section 223 of the Patents Act 1990. The application, numbered 666346, was for a patent titled "Refrigeration working fluid compositions" and was made by Exxon Chemical Patents, Inc. The Lubrizol Corporation filed an opposition to the extension of time, prompting the need for a judicial decision. The case was heard before a delegate of the Commissioner of Patents.

The primary legal issue that the court had to address was whether the applicant, Exxon Chemical Patents, Inc., was entitled to an extension of time to file a notice of opposition under section 223 of the Patents Act 1990. The court needed to consider the statutory requirements and the circumstances surrounding the request for the extension. Additionally, the court had to determine the appropriate costs associated with the proceedings.

The delegate of the Commissioner of Patents granted the extension of time to file a notice of opposition until 9 May 1996, as sought by The Lubrizol Corporation. This decision was made after both parties agreed, at the hearing, to withdraw Exxon's opposition to the extension. The delegate also awarded costs to Exxon, as agreed upon by both parties during the hearing. This ruling effectively resolved the immediate dispute regarding the extension of time for filing the notice of opposition.

In conclusion, the court granted the extension of time requested by The Lubrizol Corporation and awarded costs to Exxon Chemical Patents, Inc. This decision was made based on the agreement between the parties during the hearing, and it effectively concluded the dispute regarding the extension of time for filing a notice of opposition under section 223 of the Patents Act 1990.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established