Patent decision

BL number
O/333/00
Concerning rights in
GB2322466
Hearing Officer
Mr G M Bridges
Decision date
7 September 2000
Person(s) or Company(s) involved
Bestplate Ltd v Sandhurst Autoprint Ltd
Provisions discussed
PA 1977 sections 13(3), 37(1), 39(1)
Keywords
Burden of proof, Employees / employment, Entitlement, Inventorship
Related Decisions
None

Summary

Mr Sanders and Mr Dean together made an invention. Mr Dean was employed by the referrers Bestplate but Mr Sanders was not. The referrers argued that Sanders had not been involved (at least to any substantial extent)in creation of the invention and therefor did not justify being mentioned as an inventor at all. They further argued that Mr Dean was involved in an employee-employer relationship within the term of section 39(1) and hence his share of the patent belong to the Company. They failed on both grounds on burden of proof.

Full decision O/333/00 PDF document36Kb