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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mastermover International Limited v Matthew Joseph Smith and Steve Mather (Patent) [2005] UKIntelP o26905 (30 September 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o26905.html
Cite as: [2005] UKIntelP o26905
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Mastermover International Limited v Matthew Joseph Smith and Steve Mather [2005] UKIntelP o26905 (30 September 2005)
For the whole decision click here: o26905
Patent decision
- BL number
- O/269/05
- Concerning rights in
- GB 0226233.5
- Hearing Officer
- Mr D J Barford
- Decision date
- 30 September 2005
- Person(s) or Company(s) involved
- Mastermover International Limited v Matthew Joseph Smith and Steve Mather
- Provisions discussed
- PA 1977 section 8
- Keywords
- Entitlement, Third party terms
- Related Decisions
- None
Summary
The defendants filed a patent application (the earlier application) which was published but then terminated. The claimant filed a patent application at a later date than the defendant (the later application), learned of the earlier application through the search report, and filed a reference under section 8(1)(a) in respect of the earlier application seeking relief under section 8(3). The defendants, who had been employed by the claimant, confirmed that the claimant was entitled to the invention.
An order under section 8(3) was made authorising the claimant to file a new application for all or part of the matter in the earlier application, and taking the filing date thereof. Given the particular circumstances, the order was made subject to third party terms (although opposed by the claimant).