Patent decision

BL number

O/518/15

Concerning rights in

US12/306505

Hearing Officer

Mr P Thorpe

Decision date

6 November 2015

Person(s) or Company(s) involved

University of Warwick v Dr Geoffrey Graham Diamond

Provisions discussed

PA S12, S39

Keywords

Employees / employment

Related Decisions

O/208/14, O/225/15

Summary

The University of Warwick applied for an order from the comptroller requiring Dr Diamond to assign his rights in US patent application to US patent application 12/306505 on the basis that the invention belonged to it by virtue of section 39. It was common ground that Dr Diamond was employed by the University as a Research Fellow at the time that the invention was made. The Hearing Officer concluded however that the University had not shown that the invention was made in the course of Dr Diamond’s normal duties for the University. The application was therefore refused

Full decision O/518/15 328Kb