The applicant was general manager of a factory of a lamp-shade maker. At a packaging exhibition he visited for his employer, he was shown some ‘spray plastic’ packaging. It occurred to him that spray plastic was capable of uses other than packaging, including making lampshades. He applied for a patent for his invention. The employer applied to the Comptroller for a declaration to the effect that he was entitled to the invention. The employer’s claim was dismissed by the Comptroller.
Held: The emloyer’s appeal failed. Lloyd-Jacob J: ‘I find myself in general agreement with the conclusion arrived at in the Court below. The circumstances in which the invention was made cannot fairly be said to derive directly from the employers’ business, and I can see no ground for holding that the relationship between Mr. Warren-Smith and his employers was such as to make it incumbent upon him to do more than to keep them informed of this particular activity in connection with his invention, and of his action in applying for patent protection in connection with it.’
Judges:
Lloyd-Jacob J
Citations:
(1953) 71 RPC 158
Cited by:
Cited – Liffe Administration and Management v Pinkava and Another CA 15-Mar-2007
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 . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Employment
Updated: 01 May 2022; Ref: scu.250557