Patent decision

BL number

O/246/05

Concerning rights in

GB 2401819 A

Hearing Officer

Mr S Probert

Decision date

9 September 2005

Person(s) or Company(s) involved

Jack Lorner v June Elizabeth Jacobs

Provisions discussed

PA 1977 section 8, section 13(3); CPR 3.4

Keywords

Entitlement, Inventorship, Striking out

Related Decisions

None

Summary

The patent application relates to a portable woodworking bench that was invented by Mr Jack Lorner. His friend, Mr Brian Jacobs, saw the invention some time later, and helped Mr Lorner to protect and market the invention. They applied for a patent in joint names, as joint inventors. Upon Mr Jacobs' death, his rights in the application passed to his wife Mrs June Jacobs.

Mr Lorner brought the proceedings in order to remove Mr Jacobs' name as an inventor. Unfortunately, both Mr Lorner and Mrs Jacobs were incorrectly advised that Mr Jacobs could not be removed as an inventor without also removing him (or, in this case, his successor) as a joint applicant.

The misunderstanding came to light during a case management conference that had been called prior to the formal evidence rounds. Although the parties settled their dispute at the case management conference, this decision was required in order to formally terminate the proceedings. The application continues in the joint names of Mrs Jacobs and Mr Lorner, with Mr Lorner recorded as the sole inventor.

Full decision O/246/05 30Kb