Patent decision

BL number

O/056/04

Concerning rights in

GB0204306.5

Hearing Officer

Mr D J Barford

Decision date

27 February 2004

Person(s) or Company(s) involved

KFL (Floor Services) Limited v Brian Lawson and Phillip McGarry

Provisions discussed

PA 1977 sections 7, 8, 39

Keywords

Entitlement

Related Decisions

[2003] UKIntelP o26203

Summary

The hearing officer found that the invention had been made prior to the incorporation of KFL (although otherwise the terms of section 39(1)(b) were met). Accordingly the claim was dismissed.

KFL was a floor laying business with two directors, Mr Lawson and Mrs Kent. KFL claimed that Mr Lawson had made the invention whilst at KFL and that under section 39(1)(b) the invention belonged to KFL as Mr Lawsons employer. There was no dispute that Mr Lawson had made the invention in suit, or that Mr Lawson was an employee as well as a director. The defendants argued that the terms of section 39(1)(b) were not met since Mr Lawsons duties did not include making inventions and since the invention lay outside the activities of KFL They also argued that he made the invention prior to the incorporation of KFL.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o05604.html