| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 373 (Oct) |
| Neutral Citation: | [2007] UKHL 43 |
| Court: | House of Lords |
| Judge: | Lord Hoffmann, Lord Phillips of Worth Matravers, Lord Walker of Gestingthorpe, Lord Mance and Lord Neuberger of Abbotsbury |
| Representation | 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. | |
| Judgment Dates: | 24 October 2007 |
Catchwords
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.
The Case
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.
Practice Areas
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