Patent decision

BL number
O/220/06
Concerning rights in
GB0412821.1 PCT/GB05/002275
Hearing Officer
Mr P Thorpe
Decision date
8 August 2006
Person(s) or Company(s) involved
Alexander F Ritchie v Envireneer Marine Cranes Limited (formally TSI (Crane) Limited)
Provisions discussed
PA 1977 sections 8, 12, 33, 39
Keywords
Assignment, Employees / employment, Entitlement
Related Decisions
None

Summary

Mr Ritchie devised the invention, a lifting device for use in the offshore industry, while he was employed by Offshore Crane Engineering (OCE). In recognition that this was outside his normal duties OCE agreed to reward Mr Ritchie by paying him a royalty on sales of the invention. OCE however went into liquidation and its assets were bought by TSI (Crane) Limited (TSI). Mr Ritchie claimed that a clause in his agreement with OCE was triggered by OCE entering liquidation and that resulted in the patent rights being transferred to him. It was found firstly that OCE as Mr Ritchie’ s employer was initially entitled to the invention; that Mr Ritchie’s agreement with OCE had not transferred the patent rights to him and that therefore TSI now known as Envireneer is entitled to the invention. It was also noted that even if the agreement had transferred the patent rights to Mr Ritchie then his failure to notify the comptroller of the transfer in ownership would have meant that TSI’s later assignment, which was notified to the comptroller, would have prevailed.

Full decision O/220/06 PDF document58Kb