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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Paul Auckland and Enderby Construction Ltd (Patent) [2006] UKIntelP o34306 (6 December 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o34306.html
Cite as: [2006] UKIntelP o34306
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Paul Auckland and Enderby Construction Ltd [2006] UKIntelP o34306 (6 December 2006)
For the whole decision click here: o34306
Patent decision
- BL number
- O/343/06
- Concerning rights in
- GB 2410283
- Hearing Officer
- Mr P Thorpe
- Decision date
- 6 December 2006
- Person(s) or Company(s) involved
- Paul Auckland and Enderby Construction Ltd
- Provisions discussed
- PA1977 Sections 37, 39
- Keywords
- Employees / employment, Entitlement
- Related Decisions
- None
Summary
The invention, which relates to a temporary cover for a manhole, was devised by Mr Auckland while he was employed by Enderby. Enderby claimed that the invention was made in the course of Mr Auckland’s normal duties or specially assigned duties and the circumstances were such that an invention might reasonably be expected to result from carrying out the duties. It also claimed that Mr Auckland had a special obligation to further the interests of Enderby. It was held that although the invention was made in the course of his normal duties it was not reasonable to expect that an invention would result. It was also held that Mr Auckland did not occupy such a senior position that he had any special obligation to Enderby. The question of onus in cases where the claimant is the current proprietor was discussed.