Introduction
1.UK Patent No. 2 506 097 (“the Patent”) was granted on 13 September 2017. It claims an invention entitled “Improvements relating to road repair systems”. The invention took the form of an improved infra-red heater of road asphalt and a method of heating an asphalt road surface. It is used for road repairs.2.Two inventors are identified on the cover of the specification: Mark Jones and Ben Gedroge. Mr Jones is the claimant in this action. Mr Gedroge is a director of the defendant (“IRL”). IRL is the current proprietor of the Patent.3.It was accepted by IRL that Mr Jones was the only inventor of the invention claimed in the Patent.4.By this action Mr Jones seeks a declaration that he, not IRL, is the proprietor of the Patent. The declaration is sought under s.37 of the Patents Act 1977 (“the 1977 Act”). The application for the declaration was first made as a reference to the comptroller, who transferred the matter to this court pursuant to s.37(8).5.Maxwell Keay appeared for Mr Jones, Michael Edenborough QC for IRL.