Patent decision

BL number

O/036/00

Concerning rights in

GB 2291342

Hearing Officer

Mr G M Bridges

Decision date

3 February 2000

Person(s) or Company(s) involved

Andrew Webb v Sandra McGriskin

Provisions discussed

PA 1977 sections 13 and 37

Keywords

Entitlement, Inventorship

Related Decisions

[2000] UKIntelP o41000

Summary

Webb was a producer of furniture, in particular seating. McGriskin was an Alexander Technique teacher from whom, inter alia, Webb had taken lessons in the technique. On seeing how much easier it was to stand out of a rocking chair that he kept in his workshop, she commissioned a stool on rockers for use in teaching the technique. Subsequently, McGriskin applied for a GB patent in respect of the stool in her sole name.

The crucial feature of the stool was that it had three legs in a triangular configuration, but it was not clear whether one party had devised this first or whether it was a joint idea. What was clear, however, was that McGriskin did not have the expertise to fabricate the stool which involved a complex joint at the join of the rockers. On this basis joint inventorship and joint ownership was found. This interim decision was issued because of the requirements of Section 36(3) and the clear antagonism between the parties at the hearing which boded ill for their cooperation. This decision therefore spelled out the various options available to the parties and asked for submissions.