THE parent company of Bolton conservatory manufacturer K2 has won a design patent court battle over its closest rival.

In a case decided last week, the Patents County Court in London ordered the revocation of a patent owned by Clitheroe-based Ultraframe (UK) Limited, the UK's largest manufacturer of conservatories.

The claim brought by The Burnden Group (BG), based in Emlyn Street, Farnworth, related to the way glazing bars are fixed to an eaves beam in a house, a central fixture of conservatory design.

Burnden Group, advised by intellectual property lawyers from Addleshaw Goddard, claimed that the patent for the design, which was filed by Ultraframe in 1997, should be revoked as invalid, as such a patent stifled product development and innovation.

The court agreed that similar fixing methods in other conservatory systems had been published before the filing date of Ultraframe's patent and that there was nothing inventive in the patent.

The court subsequently ruled in Burnden Group's favour, ordering the patent to be revoked as invalid.

Burnden Group managing director Gary Fielding said: "We want to be part of a developing industry which recognises and rewards innovation and enterprise.

"The decision is not just a great victory for The Burnden Group."

In a separate issue, the same court found that certain products sold by Ultraframe (UK) Limited were covered by a patent owned by The Burnden Group.

But this patent was also found to be invalid and the court ordered it should be revoked.

The Burnden Group intends to appeal against the decision.

Mr Fielding added: "While substantial costs have been incurred in bringing this action, the battle for us is not about money.

"It's about encouraging innovation for the benefit of all the industry, fabricators, installers and ultimately consumers."