Wyeth v The Kennedy Institute of Rheumatology  APO 20 (21 September 2010)
Opposition – request for extension of time to serve evidence in answer – whether waiting for decision from the European Patent Office constitutes a satisfactory explanation of delay.
Nonetheless, there are limits to the reasons that may be considered acceptable excuses for delay, as this decision from Delegate Dr Steven Barker demonstrates. Although the patent applicant in this case was granted the requested extension of time on other grounds (not least the fact that by the time the hearing took place the evidence had already been served), it is clear from this decision that waiting for an outcome in related proceedings in other jurisdictions is not, in itself, an adequate excuse.
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