Patent decision

BL number
O/235/01
Concerning rights in
GB9520478.0, EP96932733.7, CA2233940, JP9-514811, NO9801544, NZ319230, US09/051101
Hearing Officer
Mr P Hayward
Decision date
22 May 2001
Person(s) or Company(s) involved
Brian Williams V West Glamorgan County Council
Provisions discussed
PA.1977 Sections 8, 12, 37 and 39
Keywords
Entitlement
Related Decisions
O/289/01

Summary

Mr Williams was employed by West Glamorgan County Council when he made the invention. He was responsible for the programme of winter highway maintenance and the invention was concerned with a system for controlling the gritting of roads. It was held that Mr Williams made the invention in the course of his normal duties but those duties were more administrative than technical, and although he needed technical skills, they were necessary for him to understand any new developments in maintenance techniques, rather than to solve technical problems or make improvements himself. Thus the circumstances were not such that an invention might reasonably be expected to result, and so did not fall within Section 39(1)(a). Also, although he held a relatively senior position within his work unit, he did not have a 'special obligation' to further the interests of his employer and so Section 39(1)(b) did not apply. Accordingly, under Section 39(2), the invention was held to belong to Mr Williams.

Full decision O/235/01 PDF document33Kb