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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Alexander F Ritchie v Envireneer Marine Cranes Limited (formally TSI (Crane) Limited) (Patent) [2006] UKIntelP o22006 (8 August 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o22006.html Cite as: [2006] UKIntelP o22006 |
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For the whole decision click here: o22006
Summary
Mr Ritchie devised the invention, a lifting device for use in the offshore industry, while he was employed by Offshore Crane Engineering (OCE). In recognition that this was outside his normal duties OCE agreed to reward Mr Ritchie by paying him a royalty on sales of the invention. OCE however went into liquidation and its assets were bought by TSI (Crane) Limited (TSI). Mr Ritchie claimed that a clause in his agreement with OCE was triggered by OCE entering liquidation and that resulted in the patent rights being transferred to him. It was found firstly that OCE as Mr Ritchie’ s employer was initially entitled to the invention; that Mr Ritchie’s agreement with OCE had not transferred the patent rights to him and that therefore TSI now known as Envireneer is entitled to the invention. It was also noted that even if the agreement had transferred the patent rights to Mr Ritchie then his failure to notify the comptroller of the transfer in ownership would have meant that TSI’s later assignment, which was notified to the comptroller, would have prevailed.
