Patent decision

BL number

O/087/05

Concerning rights in

GB2352475, GB2362428 and related patent applications

Hearing Officer

Mr P Hayward

Decision date

31 March 2005

Person(s) or Company(s) involved

Bio Pure Technology Ltd v (1) Jarzon Plastics Ltd and (2) Anthony Elliott

Provisions discussed

PA.1977 sections 7, 12, 13, 37

Keywords

Contract, Entitlement, Inventorship

Related Decisions

None

Summary

Bio Pure had approached Jarzon about a new plastics clamp they wished to produce. Following discussions between the two sides, Jarzon produced drawings which incorporated the main invention of the patents and applications in suit. The Hearing Officer held that:

1. There was a contract between Bio Pure and Jarzon for the production of those drawings.

2. To make business sense of that contract, it was necessary to imply a term that any patent rights belonged to Bio Pure (Robin Ray v Classic FM plc [1998] FSR 622 and other case law considered).

3. The main invention had in any case been devised by someone on Bio Pure's side, not by the named inventor Mr Elliott who worked for Jarzon.

A ruling on whether there were any significant features covered by subordinate claims which justified Mr Elliott being named as a co-inventor, and if so, whether that gave Jarzon any rights in respect of those features, was deferred pending further submissions.

Full decision O/087/05 77Kb