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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Bestplate Ltd v Sandhurst Autoprint Ltd (Patent) [2000] UKIntelP o33300 (7 September 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o33300.html
Cite as: [2000] UKIntelP o33300
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Bestplate Ltd v Sandhurst Autoprint Ltd [2000] UKIntelP o33300 (7 September 2000)
For the whole decision click here: o33300
Patent decision
- BL number
- O/333/00
- Concerning rights in
- GB2322466
- Hearing Officer
- Mr G M Bridges
- Decision date
- 7 September 2000
- Person(s) or Company(s) involved
- Bestplate Ltd v Sandhurst Autoprint Ltd
- Provisions discussed
- PA 1977 sections 13(3), 37(1), 39(1)
- Keywords
- Burden of proof, Employees / employment, Entitlement, Inventorship
- Related Decisions
- None
Summary
Mr Sanders and Mr Dean together made an invention. Mr Dean was employed by the referrers Bestplate but Mr Sanders was not. The referrers argued that Sanders had not been involved (at least to any substantial extent)in creation of the invention and therefor did not justify being mentioned as an inventor at all. They further argued that Mr Dean was involved in an employee-employer relationship within the term of section 39(1) and hence his share of the patent belong to the Company. They failed on both grounds on burden of proof.