Thermapool has claimed game, set and match in the long running legal wrangle with insulated panel pool system rivals, Polypool after receiving the Patent Office’s opinion.
The application was to issue an opinion as to whether Polypool’s patent had been infringed by Thermapool.
The Patent Office Examiner Karl Whitfield was to decide whether the differences identified would have been considered ‘obvious’ to the skilled person at the date of application of the Polypool patent.
The Patent Office examiner concluded in his opinion that claims 1 to 3 of the Polypool patent were ‘obvious’ at the date of application and was common general knowledge for someone within the pool industry.
This therefore confirmed that Thermapool has not infringed a Polypool patent as this method is a general method of construction which is “un-patentable”.
A triumphant Nigel Rose of Thermapool states: “There is no reason to stop selling and installing the Thermapool panel system. Polypool was given until the 23rd January 2013 to appeal against the Examiners Opinion.
They have chosen not to do so.” Thermapool have a selection of seven different swimming pool insulation systems on the market, only one of which was the subject of this patent dispute.
The two patents registered still remain for the design and installation of insulation within the swimming pool structure, as well as the self insulated structure itself.
These continue to be used with their licensed, patent pending technology worldwide.
“We are keen to proceed with the supply and installation of our successful patented products and installation systems,” says Nigel. “As a successful company, we have continued to maintain a solid role within the industry, however we endeavour to finally move on from the unfortunate losses which have been caused and continue to offer our high quality products and service throughout the swimming pool industry.” Polypool Manufacturing Ltd have recently gone into voluntary liquidation.