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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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