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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Birtles, Lovatt and Evode Ltd v Minnesota Mining and Manufacturing Company (Patent) [2000] UKIntelP o23700 (10 July 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o23700.html
Cite as: [2000] UKIntelP o23700
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Birtles, Lovatt and Evode Ltd v Minnesota Mining and Manufacturing Company [2000] UKIntelP o23700 (10 July 2000)
For the whole decision click here: o23700
Patent decision
- BL number
- O/237/00
- Concerning rights in
- GB2282144, EP0638392
- Hearing Officer
- Mr G M Bridges
- Decision date
- 10 July 2000
- Person(s) or Company(s) involved
- Birtles, Lovatt and Evode Ltd v Minnesota Mining and Manufacturing Company
- Provisions discussed
- PA 1977 sections 12, 13, 37
- Keywords
- Entitlement, Inventorship
- Related Decisions
- [2000] UKIntelP o45200
Summary
Interim decision
Evode raised an action under sections 12 and 37 in respect of GB 2282144 and (pending) EP 0638392 in consequence of an application by John Birtles and Colin Lovatt having a hand in the creation of the invention when employees of Evode. The subject matter of the invention was in the field of abrasive elements wherein the novelty lay in the particular adhesive used. The contribution of Birtles and Lovatt was held to be enough for them to be named as joint inventors and, accordingly, a finding of co-proprietorship between 3M and Evode was established. An interim decision was issued to allow for submissions having regard, inter alia, to the potentially restrictive provisions involving co-proprietorship as set out in section 36(3).