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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 >> Brian Williams V West Glamorgan County Council (Patent) [2001] UKIntelP o23501 (22 May 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o23501.html Cite as: [2001] UKIntelP o23501 |
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For the whole decision click here: o23501
Summary
Mr Williams was employed by West Glamorgan County Council when he made the invention. He was responsible for the programme of winter highway maintenance and the invention was concerned with a system for controlling the gritting of roads. It was held that Mr Williams made the invention in the course of his normal duties but those duties were more administrative than technical, and although he needed technical skills, they were necessary for him to understand any new developments in maintenance techniques, rather than to solve technical problems or make improvements himself. Thus the circumstances were not such that an invention might reasonably be expected to result, and so did not fall within Section 39(1)(a). Also, although he held a relatively senior position within his work unit, he did not have a 'special obligation' to further the interests of his employer and so Section 39(1)(b) did not apply. Accordingly, under Section 39(2), the invention was held to belong to Mr Williams.
