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United Kingdom Intellectual Property Office Decisions
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Amir Azam and Carl Livesey (Patent) [2010] UKIntelP o43810 (22 December 2010)
URL: http://www.bailii.org/uk/cases/UKIntelP/2010/o43810.html
Cite as:
[2010] UKIntelP o43810
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Amir Azam and Carl Livesey [2010] UKIntelP o43810 (22 December 2010)
For the whole decision click here: o43810
Patent decision
- BL number
- O/438/10
- Concerning rights in
- PCT/GB2008/000706
- Hearing Officer
- Mr A C Howard
- Decision date
- 22 December 2010
- Person(s) or Company(s) involved
- Amir Azam and Carl Livesey
- Provisions discussed
- Patents Act 1977 Section 12
- Keywords
- Decline to deal, Extensions of time
- Related Decisions
- None
Summary
Just before the parties were due to be heard in a dispute over ownership of an application under the Patent Co-operation Treaty, the issue was raised of the validity of an assignment which appeared to cover all rights to the inventive matter contained in the application. As this was a point of central importance to the matter in dispute, and it concerned pure contract law, the Hearing Officer decided that overall the question would more properly be determined by the court and declined to deal with it. A request to allow three months for starting a claim in the court (as opposed to the normal two weeks specified under the Civil Procedure Rules) was refused on the grounds that there were no special circumstances in this case to justify departing from the normal procedure.