header-logo header-logo

09 April 2009 / Christopher De Mauny
Issue: 7364 / Categories: Features , Property , Employment
printer mail-detail

Employee patents

Just rewards & employee brilliance: getting the right fit. Christopher de Mauny reports

* * * * * *

The decision in Kelly v GE Healthcare [2009] All ER (D) 114 (Feb) should be of interest to anyone advising technology undertakings or the employees of such undertakings. Without delving into the detail of patent law, a new technical invention may be lead to entitlement to a patent. If the legal conditions for patentability are satisfied a patent confers on its owner the exclusive right to commercialise the subject matter of the patented invention for twenty years: it is a statutory monopoly for that product or process. Thus the decision may also be of interest to advisors of undertakings who are not technology undertakings as such but who conduct any kind of in-house product development that has a technical rather than aesthetic character.

Under the Patents Act 1977 (PA 1977) inventions made by employees in the course of their employment usually belong to their employer. Section 39(1) of PA 1977 provides that an employee's invention belongs to his employer where it was made in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll