Decision Nº O/406/20 from Intellectual Property Office - (Patent decisions), 26 August 2020
| Judge | Mr P Thorpe |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/406/20 |
| Date | 26 August 2020 |
| Patent Number | GB2506097 |
| Parties | Mark Jones and Irmac Roads Ltd |
BL O/406/20
26 August 2020
PATENTS ACT 1977
BETWEEN
Mark Jones
Claimant
and
IRMAC Roads Ltd
Defendant
PROCEEDINGS
Reference under section 13(3) and 37(1)
in respect of patent GB2506097
HEARING OFFICER
Phil Thorpe
Mr Maxwell Keay of Counsel for the Claimant and
Ms Barbara Cookson for the Defendant
Hearing date: 01 June 2020
DECISION
1. This decision relates to whether the comptroller should decline to deal with an
entitlement dispute.
Background
2. Patent application GB 1211209.0 was filed on 22nd June 2012 with Irmac
Roads Ltd (IRL) named as the applicant and Mr Mark Jones and Mr Ben
Gedroge named as the inventors. GB2506097. The application was published
as GB2506097 on 26th March 2014 and subsequently granted on 13th
September 2017. The subject matter of the invention relates to an infra-red
asphalt heater for use in road repairs though that is not particularly significant
for the purposes of this decision.
3. The reference under sections 13 and 37 was filed by Mr Mark Jones on 12th
September 2019. Mr Jones claims that Mr Gedroge should not have been
mentioned as a joint inventor and that he should be named as the sole
proprietor of the granted.
4. Mr Jones contends that at a meeting in October 2011 (the “October Meeting”)
he entered into an agreement with a company, Irmac Limited (IL), of which Mr
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