The defendants filed a patent application (the earlier application) which was published but then terminated. The claimant filed a patent application at a later date than the defendant (the later application), learned of the earlier application through the search report, and filed a reference under section 8(1)(a) in respect of the earlier application seeking relief under section 8(3). The defendants, who had been employed by the claimant, confirmed that the claimant was entitled to the invention.
An order under section 8(3) was made authorising the claimant to file a new application for all or part of the matter in the earlier application, and taking the filing date thereof. Given the particular circumstances, the order was made subject to third party terms (although opposed by the claimant).
Citations:
[2005] UKIntelP o26905
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 05 April 2022; Ref: scu.456424