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 PDF document24Kb