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United Kingdom Intellectual Property Office Decisions
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KFL (Floor Services) Limited v Brian Lawson and Phillip McGarry (Patent) [2004] UKIntelP o05604 (27 February 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o05604.html
Cite as:
[2004] UKIntelP o05604,
[2004] UKIntelP o5604
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KFL (Floor Services) Limited v Brian Lawson and Phillip McGarry [2004] UKIntelP o05604 (27 February 2004)
For the whole decision click here: o05604
Patent decision
- BL number
- O/056/04
- Concerning rights in
- GB0204306.5
- Hearing Officer
- Mr D J Barford
- Decision date
- 27 February 2004
- Person(s) or Company(s) involved
- KFL (Floor Services) Limited v Brian Lawson and Phillip McGarry
- Provisions discussed
- PA 1977 sections 7, 8, 39
- Keywords
- Entitlement
- Related Decisions
- [2003] UKIntelP o26203
Summary
The hearing officer found that the invention had been made prior to the incorporation of KFL (although otherwise the terms of section 39(1)(b) were met). Accordingly the claim was dismissed.
KFL was a floor laying business with two directors, Mr Lawson and Mrs Kent. KFL claimed that Mr Lawson had made the invention whilst at KFL and that under section 39(1)(b) the invention belonged to KFL as Mr Lawsons employer. There was no dispute that Mr Lawson had made the invention in suit, or that Mr Lawson was an employee as well as a director. The defendants argued that the terms of section 39(1)(b) were not met since Mr Lawsons duties did not include making inventions and since the invention lay outside the activities of KFL They also argued that he made the invention prior to the incorporation of KFL.