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United Kingdom Intellectual Property Office Decisions
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Welland Medical Limited and Phillip Arthur Hadley (Patent) [2011] UKIntelP o13311 (14 April 2011)
URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o13311.html
Cite as:
[2011] UKIntelP o13311
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Welland Medical Limited and Phillip Arthur Hadley [2011] UKIntelP o13311 (14 April 2011)
For the whole decision click here: o13311
Patent decision
- BL number
- O/133/11
- Concerning rights in
- GB 0907051.7
- Hearing Officer
- Mr A C Howard
- Decision date
- 14 April 2011
- Person(s) or Company(s) involved
- Welland Medical Limited and Phillip Arthur Hadley
- Provisions discussed
- Patents Act 1977 Sections 8(1)(a), 12(1)(a)
- Keywords
- Entitlement
- Related Decisions
- None
Summary
The patent application relates to a material for an ostomy bag which would enable the bag to be fully flushable down a toilet. The claimant argued that the inventive concept had been devised by a consultant working for them and communicated to the defendant in the course of a meeting, following which the defendant had filed the application. The hearing officer, after identifying the inventive concept of the application, considered that the defendant and the consultant had in reality developed different solutions to the problem of a fully flushable ostomy bag, and that the inventive concept in the application related solely to the defendant’s solution. The reference under sections 8 and 12 was accordingly refused.
