Patent decision

BL number
O/265/00
Concerning rights in
GB9700759.5
Hearing Officer
Mr G M Bridges
Decision date
20 June 2000
Person(s) or Company(s) involved
James Richard Jackson v Carbury Herne Limited
Provisions discussed
PA 1977 sections 8 and 13
Keywords
Entitlement, Inventorship
Related Decisions
O/182/00, O/269/00

Summary

In an earlier action for inventorship and entitlement (interim decision O/182/00) in respect of an unpublished, terminated GB application, joint inventorship and joint entitlement was established. However, none of the specific remedies requested by the referrer were available to him given the status of the GB application. The Hearing Officer, however, made findings of fact as to the position and indicated that these could be used by the referrer to support a reference in respect of a PCT application (WO 9832018) claiming priority from the GB application. Therefore the interim decision was issued to allow the referrer to consider whether to start action under section 12 in respect of the WO application, and to allow the parties to consider settlement in the light of the findings of fact.

After the referrer launched an action under section 12, the parties indicated that they were happy for a final decision on the GB application to be issued. This decision therefore made no order other than to confirm the findings of fact as stated in the earlier, interim decision (O/182/00) and to terminate the proceedings in respect of the GB application.

Full decision O/265/00 PDF document10Kb