Patent decision

BL number

O/219/05

Concerning rights in

GB 2378382

Hearing Officer

Mr D J Barford

Decision date

2 August 2005

Person(s) or Company(s) involved

Ernest Ogden, John McKenzie and Projectile Limited

Provisions discussed

PA 1977 sections 12, 13, 37; PR 1995 rules 8, 14, 54

Keywords

Entitlement, Evidence, Inventorship, PCT application

Related Decisions

None

Summary

In an entitlement and inventorship action:

i. the claimant, Mr Ogden, sought to extend the reference to cover rights in patent application PCT/GB/000293, which was opposed by Mr McKenzie

ii. there were questions over whethr Mr Ogden's evidence in reply was strictly in reply; and over whether or not further evidence submitted by both parties should be admitted.

The hearing officer held that:

i. since the PCT application was identical to the patent in suit the reference should be extended as requested

ii. have regard, amongst other things, to the fact that neither party was represented in the proceedings, all the evidence currently submitted should be admitted, and Mr Ogden should be given the further limited opportunity to file a particular witness statement as requested.

Full decision O/219/05 18Kb