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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> James Richard Jackson v Carbury Herne Limited (Patent) [2000] UKIntelP o26500 (20 June 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o26500.html
Cite as: [2000] UKIntelP o26500
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James Richard Jackson v Carbury Herne Limited [2000] UKIntelP o26500 (20 June 2000)
For the whole decision click here: o26500
Patent decision
- BL number
- O/265/00
- Concerning rights in
- GB9700759.5
- Hearing Officer
- Mr G M Bridges
- Decision date
- 20 June 2000
- Person(s) or Company(s) involved
- James Richard Jackson v Carbury Herne Limited
- Provisions discussed
- PA 1977 sections 8 and 13
- Keywords
- Entitlement, Inventorship
- Related Decisions
- [2000] UKIntelP o18200, [2000] UKIntelP o26900
Summary
In an earlier action for inventorship and entitlement (interim decision [2000] UKIntelP o18200) in respect of an unpublished, terminated GB application, joint inventorship and joint entitlement was established. However, none of the specific remedies requested by the referrer were available to him given the status of the GB application. The Hearing Officer, however, made findings of fact as to the position and indicated that these could be used by the referrer to support a reference in respect of a PCT application (WO 9832018) claiming priority from the GB application. Therefore the interim decision was issued to allow the referrer to consider whether to start action under section 12 in respect of the WO application, and to allow the parties to consider settlement in the light of the findings of fact.
After the referrer launched an action under section 12, the parties indicated that they were happy for a final decision on the GB application to be issued. This decision therefore made no order other than to confirm the findings of fact as stated in the earlier, interim decision ([2000] UKIntelP o18200) and to terminate the proceedings in respect of the GB application.