PO Patents – Inter Partes Decisions. – As a result of an uncontested application filed under section 13(1) by Cognis Deutschland GmbH and Co KG, it was found that Andrea Urban should be mentioned as a joint inventor in granted patent EP (UK) 1165887 and directed that an addendum slip mentioning her as a joint … Continue reading Cognis Deutschland Gmbh and Co Kg, Guido Baumoller, Achim Ansmann, Rolf Kawa, Dr Stephen Eichhorn And Andrea Urban – O/039/05: PO 14 Feb 2005
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The employee had patented in the US a trading system he invented whilst employed by the defendant, who now sought ownership. He appealed a finding that the inventions had been made during the normal course of his employment. The employment contract provided: ‘All trade secrets, inventions, written documents, and other confidential information developed or created … Continue reading Liffe Administration and Management v Pinkava and Another: CA 15 Mar 2007
A constructive trust can only arise as against a legal owner only by virtue of an unconscionable act by the legal owner. A claim by an employee against an employer in respect of ownership of a patent was unlikely to succeed. Citations: Times 13-Nov-1998 Statutes: Patents Act 1977 39 Jurisdiction: England and Wales Intellectual Property … Continue reading French v Mason and Another: ChD 13 Nov 1998
Harris was the manager of the Wey valve department of his employer. In August 1978 he was told he would be made redundant, and left in December. In the meantime he devised an improvement to the Wey valve and applied for a patent in January 1979. The employer claimed to be entitled to the invention … Continue reading Harris’ Patent: 1985
The claimant professor had invented a pump mechanism which came to be used by his employers for the sale of pumps used to manage diabetic testing. He appealed against refusal of statutory compensation. Judges: Patten, Briggs, Sales LJJ Citations: [2017] EWCA Civ 2, [2017] WLR(D) 32, [2017] Bus LR 883, [2017] RPC 15 Links: Bailii, … Continue reading Shanks v Unilever Plc and Others: CA 18 Jan 2017
IPO In his decision dated 24 July 2000 the HO gave Mr Magill 6 weeks to indicate whether or not he wished to resist an order to assign the patent application to Intelligent Clothing Ltd.. In the absence of a response Mr Magill was ordered to assign the application within 6 weeks. The order does … Continue reading Central Research Laboratories Ltd v Intelligent Clothing Ltd and Alan Magill (Patent): IPO 29 Sep 2000
IPO The application concerns game playing services in game machines, such as slot machines or video poker games. The thrust of the application is to enable game patrons to recover left-amounts which may arise from transactions involving different currencies. This is facilitated by software in the game machine’s logic modules. These left-over amounts can be … Continue reading IGT (Patent) O/140/13: IPO 27 Mar 2013
IPO Entitlement, Striking out – This is a reference under section 8 in respect of an unpublished patent application. The claimant does not know the precise contents of the application. Its claim is based on the title of the application and its employment of the two named co-inventors and co-applicants. The co-applicants requested that the … Continue reading Fireworks Fire Protection Limited v Cooke and Musk (Patent): IPO 10 Jun 2011
IPO The application related to a double-layered sintered sliding member used for a connecting device, such as a thrust bearing, of a construction machine. The invention was characterized by compositional features of the alloy used. The hearing officer held that the characterization by means of percentage components of constituents present in a martensite phase was … Continue reading Komatsu Ltd (Patent) O/183/08: IPO 30 Jun 2008
IPO This application relates to an electronic gaming machine such as a ‘slot machine’ wherein players begin the game by pulling an arm or pushing a button which in turn rotates a series of reels or an equivalent video representation thereof, if when the reels stop, a winning arrangement of symbols is displayed, the player … Continue reading IGT (Patent) O/097/07: IPO 5 Apr 2007
IPO The application relates to a propulsion unit including electric and hydraulic systems alleged to work by using an alternator to maintain a battery at full charge whilst providing further electricity for auxiliary power. Objection was also raised that the invention lacked novelty and/or an inventive step on the basis of two documents. The HO … Continue reading David Duckett and Joan Duckett (Patent): IPO 12 Aug 2005
PO The application relates to the purchase of products over the Internet, and provides a website interface that presents information regarding the price and delivery dates of a particular product against a list of retailers. This allows a customer to decide at a glance whether to trade off the cost of a product with it’s … Continue reading Fujitsu Limited (Patent): IPO 23 Feb 2005
IPO The invention relates to a computerised system for trading stocks, shares, currencies and the like. Offers of assets for sale and bids to buy were displayed on each trader’s workstation so that they were able to observe and participate in the market. Each bid or offer made could comprise shown and hidden portions, the … Continue reading CFPH, LLC (Patent): IPO 25 May 2004
IPO As a result of an uncontested application filed under section 13(1) by Rodney Stock, it was found that Rodney Stock should be mentioned as a joint inventor in the patent granted for the invention and directed that an addendum slip mentioning him as a joint inventor be prepared for the published application and for … Continue reading Rodney Stock v Pixar (Patent): IPO 1 Oct 2003
When Hartington Conway bought Xtralite Industrial Rooflights Limited (XIRL), the sale agreement included rights to the patent applications in suit which had been applied for by XIRL. These patents related to a glazing system known as the Xlok which was invented by Mr Robert Tweedy who was a Director of XIRL but also Managing Director … Continue reading Xtralite Limited v Hartington Conway Limited (Patent): IPO 21 Feb 2003
The application was concerned with a method of creating items according to a schedule based on the location to which the items were to be transported. The examiner had not searched the application because in his view it related to a method of doing business. A report under s18(3) had been issued to the effect … Continue reading Ford Motor Company (Patent): IPO 5 Dec 2002
Held that BT were the rightful owners of the US and Canadian applications. Mr Yashap was ordered to execute the necessary documents (Messrs Wyatt and Percival already having signed); failing that, BT were authorised to sign on his behalf. Costs awarded against Mr Kashyap, but not Messrs Wyatt and Percival. Cannings’ United States Application [1992] … Continue reading British Telecommunications Plc v Wyatt, Percival and Kashyap (Patent): IPO 17 Jul 2002
As a result of an uncontested application filed under section 13(1) by Pinchas Goldstein, it was found that Pinchas Goldstein should be mentioned as a joint inventor in any patent granted for the invention and and directed that an addendum slip mentioning him as a joint inventor be prepared for the published application of the … Continue reading Pinchas Goldstein v Diamond and Jewelry-4-U Ltd (Patent): IPO 3 Dec 2001
PO Patents – Inter Partes Decisions – In an EP patent that had been found bad for lack of novelty and obviousness (see Decision O/147/97) an opportunity for amendment was given. When the applicant tried to take advantage of this opportunity, the proposed amendments were opposed, initially by Morgan only and subsequently by both Morgan … Continue reading Kaiser v Morgan and Schmidt: IPO 14 Aug 2000
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011
SC Kymab alleged that the relevant patents are invalid for insufficiency because they did not enable the ordinary skilled person to work the claimed invention across the breadth of the claims. The patents were concerned with biotechnology, and in particular the production of human antibodies using transgenic mice. By the priority date, the potential uses … Continue reading Regeneron Pharmaceuticals Inc v Kymab Ltd: SC 24 Jun 2020
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
Application by Apotex, to have the trial of an application for declarations of non-infringement heard at the same time as the trial of two other proceedings. Citations: [2003] EWHC 1395 (Pat) Links: Bailii Statutes: Patents At 1977 71 Jurisdiction: England and Wales Citing: See Also – Smithkline Beecham Plc, Glaxosmithkline UK Limited v Apotex Europe … Continue reading Apotex Europe Ltd and others v Beecham Group Plc and Another: Patc 6 Jun 2003
Appeal from dismissal of application for revocation of patent. Lord Clarke of Stone-cum-Ebony MR, Jacob, Richards LJJ [2009] EWCA Civ 1362, (2010) 33(2) IPD 33007, [2010] RPC 9 Bailii England and Wales Cited by: Cited – Actavis Group Ptc EHF and Others v Icos Corporation and Another SC 27-Mar-2019 The court considered: ‘the application of … Continue reading Dr Reddy’s Laboratories (UK) Ltd v Eli Lilly and Company Ltd: CA 18 Dec 2009
The claimants had a patent specifying a means of gambling over computers connected at a distance. They brought infringement proceedings against the respondent, who defended by asserting that since the host computer was located abroad it did not infringe, claiming in aid the provisions which referred to the making of a supply within the UK. … Continue reading Menashe Business Mercantile Ltd and Another v William Hill Organization Ltd: PatC 15 Mar 2002
The question was what was meant by ‘application’ in section 2(3): the request, or the document. It was crucial, because if it meant the document it would have counted as prior art, and would have been novelty-destroying; but if it meant the request, it would not have done because the request had been withdrawn and … Continue reading Woolard, Re A Patent Application: PatC 12 Apr 2002
Entitlement, Inventorship – This was an action brought by the wife and successor-in-title of one of the joint inventors against the other to remove him as both a joint inventor and co-owner. The patent concerned a standalone LED display interconnectable with itself which shows an editable picture. The hearing officer held that the attempts by … Continue reading Surinder Palkaur v Bhupinder Seran (Patent): IPO 30 May 2014
IPO The invention related to a device for controlling incontinence using a bladder pressure sensor and a muscle stimulator. A previous decision relating to this case was appealed by the applicant. The subsequent judgment required the applicant to file suitable amendments to address clarity and support. The application was remitted back to the examiner for … Continue reading Dr Harry Nduka (Patent)O/132/14: IPO 20 Mar 2014
IPO The patent related to a deployment method for a turbine base which is deployed on the seabed. The claimant and the defendant worked together on a project in this area, and the dispute was whose employees had devised the invention. The dispute hinged around what had occurred between the production by the claimant of … Continue reading Mclaughlin and Harvey Limited v Openhydro Group Limited: IPO 11 Feb 2014
IPO An uncontested decision was filed by La Cotiere Grand-Large under rule 10(2) of the Patents Rules 2007 and section 13(3) of the Patents Act 1977. It was found that Eric Glorieux should be mentioned as the sole inventor in relation to the granted EP(UK) patent and directed that an addendum slip mentioning him as … Continue reading La Cotiere Grand Large, Manuel Brandenberg and Eric Glorieux (Patent): IPO 6 Feb 2014
Contractor and Client Copyrights The plaintiff had contributed a design for a system of classifying and selecting tracks to be played on a radio station. He did so under a consultancy contract. Held: A Joint authorship claim required that the contributor had made some direct contribution to the words appearing in the eventual published item. … Continue reading Robin Ray v Classic FM Plc: PatC 18 Mar 1998
The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future royalties. Held: His appeal was allowed. Limitation did not apply, … Continue reading Fisher v Brooker and Others: HL 30 Jul 2009
IPO Entitlement – As a result of an uncontested reference filed under section 8(1) by Bartlett Engineering (South Wales) Limited, it was found that patent application number GB 0208639.5 should proceed in the . .
The patentees had two patents relating to parts of oil rigs, coming into play to clean drill bits of cuttings on retraction. The defendants sold re-conditioned frames for this process.
Held: Where the apparent exercise of a right of repair . .
IPEC An application under rule 10(2) of the Patent Rules 2007 was filed by Dr Peter Vincent Smallwood to mention Dr Peter Vincent Smallwood and Jonathan Hibbard as joint inventors. Robert Timothy Gros, the patent . .
