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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> T Sabanathan v Bradford Hospitals NHS Trust (Patent) [2001] UKIntelP o03701 (25 January 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o03701.html
Cite as: [2001] UKIntelP o03701, [2001] UKIntelP o3701
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T Sabanathan v Bradford Hospitals NHS Trust [2001] UKIntelP o03701 (25 January 2001)
For the whole decision click here: o03701
Patent decision
- BL number
- O/037/01
- Concerning rights in
- GB 9708681.3, PCT/GB98/00652, EP98908220.1
- Hearing Officer
- Mr G M Bridges
- Decision date
- 25 January 2001
- Person(s) or Company(s) involved
- T Sabanathan v Bradford Hospitals NHS Trust
- Provisions discussed
- PA 1977 sections 8(1)(a), 12(1)(a), 39
- Keywords
- Employees / employment, Entitlement
- Related Decisions
- [2001] UKIntelP o08501
Summary
An acknowledged inventor died. His widow applied for ownership as his successor in title. The hospital concerned did not contest the action. Having regard to the terms and conditions of his employment, it was found that research and making inventions accordingly were not a primary part his job description. Neither had he unambiguously transferred any rights in the invention to the hospital. In the lack of any counter-arguments from the hospital, ownership of the rights in the invention described in the GB application were transferred to his widow. Similarly, a declaration was made as regards her rights in any still live international application and European application.