Patent decision

BL number
Concerning rights in
Hearing Officer
Mr P Thorpe
Decision date
6 November 2015
Person(s) or Company(s) involved
University of Warwick v Dr Geoffrey Graham Diamond
Provisions discussed
PA S12, S39
Employees / employment
Related Decisions
O/208/14, O/225/15


The University of Warwick applied for an order from the comptroller requiring Dr Diamond to assign his rights in US patent application to US patent application 12/306505 on the basis that the invention belonged to it by virtue of section 39. It was common ground that Dr Diamond was employed by the University as a Research Fellow at the time that the invention was made. The Hearing Officer concluded however that the University had not shown that the invention was made in the course of Dr Diamond’s normal duties for the University. The application was therefore refused

Full decision O/518/15 PDF document328Kb