Patent decision
- BL number
- O/037/01
- Concerning rights in
- GB 9708681.3, PCT/GB98/00652, EP98908220.1
- Hearing Officer
- Mr G M Bridges
- Decision date
- 25 January 2001
- Person(s) or Company(s) involved
- T Sabanathan v Bradford Hospitals NHS Trust
- Provisions discussed
- PA 1977 sections 8(1)(a), 12(1)(a), 39
- Keywords
- Employees / employment, Entitlement
- Related Decisions
- O/085/01
Summary
An acknowledged inventor died. His widow applied for ownership as his successor in title. The hospital concerned did not contest the action. Having regard to the terms and conditions of his employment, it was found that research and making inventions accordingly were not a primary part his job description. Neither had he unambiguously transferred any rights in the invention to the hospital. In the lack of any counter-arguments from the hospital, ownership of the rights in the invention described in the GB application were transferred to his widow. Similarly, a declaration was made as regards her rights in any still live international application and European application.
Full decision O/037/01 24Kb