||All England Reporter
|| All ER (D) 373 (Oct)
|| UKHL 43
||House of Lords
Lord Hoffmann, Lord Phillips of Worth Matravers, Lord Walker of Gestingthorpe, Lord Mance and Lord Neuberger of Abbotsbury
||Peter Prescott QC, Daniel Alexander QC and Andrew Lykiardopoulos (instructed by Bird & Bird) and (instructed by Milbank, Tweed, Hadley & McCloy) for R.
||Christopher Floyd QC, Tim Powell and Kathryn Pickard (instructed by Powell Gilbert LLP) for Y.
||24 October 2007
Patent - Grant - Entitlement - Reference to Comptroller of Patents - What had to be proved by person claiming entitlement to patent registered in another's name - Whether reference could be amended after expiry of limitation period for making reference - , s 37.
Patent Grant. There was no justification, in a dispute over who was the inventor of a patent, to import questions of whether one claimant had some personal cause of action against the other. When a reference had been made to the Comptroller of Patents in which the referrer had claimed joint entitlement, he could be allowed an amendment to claim sole entitlement after the two-year limitation period in s37(5) of the had expired.
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