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United Kingdom Intellectual Property Office Decisions
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Fireworks Fire Protection Limited v Andrew Cooke and Kevin Musk (Patent) [2011] UKIntelP o20111 (10 June 2011)
URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o20111.html
Cite as:
[2011] UKIntelP o20111
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Fireworks Fire Protection Limited v Andrew Cooke and Kevin Musk [2011] UKIntelP o20111 (10 June 2011)
For the whole decision click here: o20111
Patent decision
- BL number
- O/201/11
- Concerning rights in
- GB 1006737.9
- Hearing Officer
- Mr P Thorpe
- Decision date
- 10 June 2011
- Person(s) or Company(s) involved
- Fireworks Fire Protection Limited v Andrew Cooke and Kevin Musk
- Provisions discussed
- PA 1977 Sections 8 & 39
- Keywords
- Entitlement, Striking out
- Related Decisions
- None
Summary
This is a reference under section 8 in respect of an unpublished patent application. The claimant does not know the precise contents of the application. Its claim is based on the title of the application and its employment of the two named co-inventors and co-applicants. The co-applicants requested that the reference be struck out as it was not possible to dispute entitlement without knowing what the inventive concept was. The hearing officer agreed to strike out those parts of the claim that required a determination of inventorship but did not strike out that part of the entitlement claim which was based on an acceptance of the inventorship of the currently named inventors. The proceedings were however stayed for 4 months pending possible consolidation with other related proceedings.