The law
The inventive concept 15. I recently considered the law on entitlement to a patent under an international convention in BDI Holding GmbH v Argent Energy Ltd [2019] EWHC 765 (IPEC), at [11]-[29], referring in particular to Yeda Research and Development Co Ltd v RhonePoulenc Rorer International Holdings Inc [2007] UKHL 43; [2008] RPC 1. Counsel both agreed with the law as stated in BDI Holding. I must identify the inventive concepts disclosed in the PCT Application and decide who devised them. The inventive concepts are to be identified by reading the document through the eyes of the skilled person. There was no material dispute between the parties regarding the attributes of the skilled person or the common general knowledge. Entitlement 16. Section 39 of the Patents Act 1977 provides, so far as is relevant:
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- Introduction
- The reference
- The issues
- The witnesses
- The law
- Right to employees’ inventions.
- Technical background
- The PCT Application
- Claims 1 and 11
- The inventive concepts disclosed in the PCT Application
- The devising of the inventive concepts
- The devisers of the inventive concepts
- Development
- Breach of confidence
- Conclusion