Patent decision

BL number

O/406/20

Concerning rights in

GB2506097

Hearing Officer

Mr P Thorpe

Decision date

26 August 2020

Person(s) or Company(s) involved

Mark Jones and Irmac Roads Ltd

Provisions discussed

Patents Act Section 37

Keywords

Decline to deal, Entitlement

Related Decisions

None

Summary

A request by the defendant that the Comptroller decline to deal with an entitlement reference was opposed by the claimant. The hearing officer applying the guidance provided in Luxim and NGPOD concluded that the non-technical factual and non-patent law issues that will need to be considered, including the validity and scope of an agreement and a possible breach of fiduciary duty are such that the question is more properly dealt with by the court. He therefore declined to deal with the reference.

Full decision O/406/20 254Kb