IPO The claimant launched entitlement proceedings in respect of four withdrawn and unpublished patent applications, arguing that the defendant had made the inventions during the course of his duties whilst employed by the claimant. The claimant argued that the defendant was a director of Cerise Innovation at the time when the inventions were made and was employed for his technical know-how. Having considered such factors as remuneration, arrangement of work permits, payment of income tax and national insurance, and further having found no persuasive evidence of an actual or implied employment contract, the Hearing Officer concluded that the claimants evidence fell short of establishing that the defendant was an employee at the time the inventions were made. Costs were awarded against the claimant.
Mr P Hayward
GB9801768.4, GB9801767.6, GB9801765.0, GB9801764.3, O/067/00, [2000] UKIntelP o06700
PO, PO, Bailii
Patents Act 1977 8
England and Wales
Intellectual Property
Updated: 14 January 2022; Ref: scu.453722
