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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Shannon Biotechnologies Limited v Dr John Anthony Walters and Shannon Biotechnology Limited (Patent) [2005] UKIntelP o27205 (12 October 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o27205.html Cite as: [2005] UKIntelP o27205 |
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For the whole decision click here: o27205
Summary
Shannon Biotechnologies Ltd (Limerick, Ireland) sought relief for entitlement and that its managing director Mr O'Mara be named as the sole inventor on each patent applications in place of the Defendant, Dr Walters. The Claimant did not overcome its burden of proof to establish that Mr O'Mara was either a sole or joint inventor of any of the applications. The Claimants however succeeded in establishing by consequence of employment (section 39(1)(b), at least) that all of the above patent applications belong to them -Market Investigations Ltd v Minister of Social Security 1968 (3) All ER 732; Ferguson v John Dawson and Partners (Contractors) 1976 Court of Appeal ALL ER 817 referred to. It was also decided that the Claimant was entitled to at least two of the applications by virtue of a written agreement pursuant to section 7(2)(b). The Hearing Officer decided that both parties are entitled to the PCT application. Order of costs is pending.
