 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Andrew Webb v Sandra Agnes McGriskin (Patent) [2000] UKIntelP o13500 (13 April 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o13500.html Cite as: [2000] UKIntelP o13500 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o13500
Summary
Mr Webb was a producer of furniture, in particular seating. Ms McGriskin was an Alexander Technique teacher from whom, inter alia, Webb had taken lessons in the technique. On seeing how much easier it was to stand out of a rocking chair that he kept in his workshop, she commissioned a stool on rockers for use in teaching the technique. Subsequently, McGriskin applied for a GB patent in respect of the stool in her sole name.
The crucial feature of the stool was that it had three legs in a triangular configuration, but it was not clear whether one party had devised this first or whether it was a joint idea. What was clear, however, was that McGriskin did not have the expertise to fabricate the stool which involved a complex joint at the join of the rockers. On this basis joint inventorship and joint ownership was found. An interim decision (dated 3 February 2000) was issued because of the requirements of Section 36(3) and the clear antagonism between the parties at the hearing which boded ill for their cooperation. This decision spelled out the various options available to the parties and asked for submissions.
Following receipt of submissions both parties indicated that they were willing to have a final decision made on the papers. This decision was to the effect that (i) the patent shall proceed in the joint names of Sandra Agnes McGriskin and Andrew Webb and, under rule 51, an entry shall be made in the register to this end, and an erratum slip shall be prepared for the patent ;(ii) Each proprietor shall have the right to licence out the invention to a third party without the agreement or interference of the other proprietor; (iii) each proprietor shall pay half the renewal fees in a timely manner and shall only have the right to stop such payment of renewal fees if agreement is reached to do so with the other proprietor. In the circumstances of the case, no costs were awarded since McGriskin had borne the costs of the patent application but had received no profits from the manufacture of the stools whereas Webb had been manufacturing the stools from the outset.