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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr Kenneth Farr and Orbis Corporation (Patent) [2011] UKIntelP o21411 (17 June 2011)
URL: http://www.bailii.org/uk/cases/UKIntelP/2011/o21411.html
Cite as: [2011] UKIntelP o21411
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Mr Kenneth Farr and Orbis Corporation [2011] UKIntelP o21411 (17 June 2011)
For the whole decision click here: o21411
Patent decision
- BL number
- O/214/11
- Concerning rights in
- EP 1268313
- Hearing Officer
- Mr P Thorpe
- Decision date
- 17 June 2011
- Person(s) or Company(s) involved
- Mr Kenneth Farr and Orbis Corporation
- Provisions discussed
- S37 Patents Act
- Keywords
- Entitlement
- Related Decisions
- [2008] UKIntelP o16108
Summary
The claimant, Mr Kenneth Farr claimed that he was entitled as the inventor to the invention set out in EP 1268313. This related to a dropbox container used to transport and store solid bulk materials. Mr Farr claimed specifically that he communicated the key aspects of the invention to the defendant, Orbis in a series of meetings in 1998. Mr Farr was however unable to provide the necessary evidence to demonstrate this and hence the hearing officer found in favour of Orbis. The hearing officer also noted that because the entitlement reference had been filed more than 2 years after the date of grant of the patent then he would not have been able to make any order transferring any rights in the patent to Mr Farr even if he had found in his favour. Mr Farr in that respect failed to provide the necessary evidence to show that the proprietor knew at the time of grant that it was not entitled to the patent.