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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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