Jacob LJ untangles the web of unopposed patent appeals and decides the patentee should pick up the bill

In this recent decision of the Court of Appeal, Lord JusticeJacob has clarified the previously unsatisfactory law on unopposedpatent appeals. The practice of restoring to the register patentsthat had been found invalid at first instance, where on appealtheir validity was not contested, has been criticized. In futuresuch restoration will not occur without a full considerationof the merits by the Court of Appeal.