Patent decision

BL number

O/201/11

Concerning rights in

GB1006737.9

Hearing Officer

Mr P Thorpe

Decision date

10 June 2011

Person(s) or Company(s) involved

Fireworks Fire Protection Limited v Andrew Cooke and Kevin Musk

Provisions discussed

PA 1977 Sections 8 & 39

Keywords

Entitlement, Striking out

Related Decisions

None

Summary

This is a reference under section 8 in respect of an unpublished patent application. The claimant does not know the precise contents of the application. Its claim is based on the title of the application and its employment of the two named co-inventors and co-applicants. The co-applicants requested that the reference be struck out as it was not possible to dispute entitlement without knowing what the inventive concept was. The hearing officer agreed to strike out those parts of the claim that required a determination of inventorship but did not strike out that part of the entitlement claim which was based on an acceptance of the inventorship of the currently named inventors. The proceedings were however stayed for 4 months pending possible consolidation with other related proceedings.

Full decision O/201/11 67Kb