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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Ernest Ogden, John McKenzie and Projectile Limited (Patent) [2005] UKIntelP o21905 (2 August 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o21905.html
Cite as: [2005] UKIntelP o21905
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Ernest Ogden, John McKenzie and Projectile Limited [2005] UKIntelP o21905 (2 August 2005)
For the whole decision click here: o21905
Patent decision
- BL number
- O/219/05
- Concerning rights in
- GB 2378382
- Hearing Officer
- Mr D J Barford
- Decision date
- 2 August 2005
- Person(s) or Company(s) involved
- Ernest Ogden, John McKenzie and Projectile Limited
- Provisions discussed
- PA 1977 sections 12, 13, 37; PR 1995 rules 8, 14, 54
- Keywords
- Entitlement, Evidence, Inventorship, PCT application
- Related Decisions
- None
Summary
In an entitlement and inventorship action:
i. the claimant, Mr Ogden, sought to extend the reference to cover rights in patent application PCT/GB/000293, which was opposed by Mr McKenzie
ii. there were questions over whethr Mr Ogden's evidence in reply was strictly in reply; and over whether or not further evidence submitted by both parties should be admitted.
The hearing officer held that:
i. since the PCT application was identical to the patent in suit the reference should be extended as requested
ii. have regard, amongst other things, to the fact that neither party was represented in the proceedings, all the evidence currently submitted should be admitted, and Mr Ogden should be given the further limited opportunity to file a particular witness statement as requested.