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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 >> James Campbell v Aberdeen University Mohammed Imbabi (Patent) [2008] UKIntelP o27408 (8 October 2008) URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o27408.html Cite as: [2008] UKIntelP o27408 |
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For the whole decision click here: o27408
Summary
A patent application for an air permeable wall panel was filed by Aberdeen University. The pursuer (claimant), a Chartered Architect also based in Aberdeen, claimed that the invention belonged to him on the ground that it was made by a student who was employed by him and working under his supervision.
It was common ground that the inventive concept in the patent application(s) is the use of an intermediate layer having a graduated filtering profile (eg. to reduce clogging). The Hearing Officer decided that this inventive concept was present in a research proposal written by a professor of the University in 1997 - prior to any involvement from the pursuer or the student. He therefore concluded that the professor was the actual deviser of the invention, and that the University was entitled to the patent applications.
A request for expenses (costs) to be awarded above the standard scale was refused because the defenders (defendants) had refused to try mediation. The hearing was held at Aberdeen.
