Patent decision

BL number

O/067/00

Concerning rights in

GB9801764.3, GB9801765.0, GB9801767.6, GB9801768.4

Hearing Officer

Mr P Hayward

Decision date

23 February 2000

Person(s) or Company(s) involved

Cerise Innovation Technology Ltd v Melih Abdulhayoglu

Provisions discussed

PA 1977 section 8

Keywords

Employees / employment, Entitlement

Related Decisions

O/355/99, O/142/00, O/171/00

Summary

The claimant launched entitlement proceedings in respect of four withdrawn and unpublished patent applications, arguing that the defendant had made the inventions during the course of his duties whilst employed by the claimant. The claimant argued that the defendant was a director of Cerise Innovation at the time when the inventions were made and was employed for his technical know-how. Having considered such factors as remuneration, arrangement of work permits, payment of income tax and national insurance, and further having found no persuasive evidence of an actual or implied employment contract, the Hearing Officer concluded that the claimants evidence fell short of establishing that the defendant was an employee at the time the inventions were made. Costs were awarded against the claimant.

Full decision O/067/00 34Kb