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09 April 2009 / Christopher De Mauny
Issue: 7364 / Categories: Features , Property , Employment
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Employee patents

Just rewards & employee brilliance: getting the right fit. Christopher de Mauny reports

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The decision in Kelly v GE Healthcare [2009] All ER (D) 114 (Feb) should be of interest to anyone advising technology undertakings or the employees of such undertakings. Without delving into the detail of patent law, a new technical invention may be lead to entitlement to a patent. If the legal conditions for patentability are satisfied a patent confers on its owner the exclusive right to commercialise the subject matter of the patented invention for twenty years: it is a statutory monopoly for that product or process. Thus the decision may also be of interest to advisors of undertakings who are not technology undertakings as such but who conduct any kind of in-house product development that has a technical rather than aesthetic character.

Under the Patents Act 1977 (PA 1977) inventions made by employees in the course of their employment usually belong to their employer. Section 39(1) of PA 1977 provides that an employee's

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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