Patent decision

BL number

O/864/21

Concerning rights in

GB2543835

Hearing Officer

Mr H Jones

Decision date

25 November 2021

Person(s) or Company(s) involved

Gillian Taylor and Lanarkshire Health Board

Provisions discussed

Sections 12 and 37 and rule 10

Keywords

Orders

Related Decisions

O/556/21

Summary

In an earlier decision the hearing officer made findings in relation to the claimant’s entitlement to the patent and related applications. This decision concerns the orders that follow from that decision in the light of further submissions from the parties. The hearing officer found that the time bar under section 37(5) meant that he could not transfer all or part of the patent to the claimant. In order to give effect to the findings on entitlement to the related applications, the hearing officer was asked by both sides to exercise the wide remit he was said to have and to order a particular value of royalty rate that the claimant was entitled to. Absent any similar authorities on the subject, the hearing officer declined to do so on the basis that he did not consider that section 12 extended to making such an order. He limited the orders to registering the claimant’s joint proprietorship in the related applications and recording the claimant as a proprietor or joint licensor in all licenses arising out of the applications. The parties were invited to settle the royalty rate between themselves and if that was not possible, to provide further submissions on the extent of discretion as to orders under section 12 and a possible decision on the appropriate rate by the comptroller.

Full decision O/864/21 212Kb