Birtles, Lovatt and Evode Ltd v Minnesota Mining and Manufacturing Company (Patent): IPO 10 Jul 2000

Evode raised an action under sections 12 and 37 in respect of GB 2282144 and (pending) EP 0638392 in consequence of an application by John Birtles and Colin Lovatt having a hand in the creation of the invention when employees of Evode. The subject matter of the invention was in the field of abrasive elements wherein the novelty lay in the particular adhesive used. The contribution of Birtles and Lovatt was held to be enough for them to be named as joint inventors and, accordingly, a finding of co-proprietorship between 3M and Evode was established. An interim decision was issued to allow for submissions having regard, inter alia, to the potentially restrictive provisions involving co-proprietorship as set out in section 36(3).

Citations:

[2000] UKIntelP o23700

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 21 June 2022; Ref: scu.453871