Patent Law (UK) - Entitlement and Employees Flashcards
A overview of patent entitlement and employee rights.
Under Article 62 of the EPC, what right does the inventor have?
The right to be mentioned as such before the European Patent Office.
Explanation: Article 62 ensures the inventor is cited as such in all formal records related to the patent.
What does Section 7(4) of the Patents Act 1977 presume concerning the patent applicant?
The applicant is presumed entitled to the patent unless proven otherwise.
Explanation: Section 7(4) establishes a legal presumption in favor of the patent applicant, making it harder to contest entitlement unless strong evidence is presented.
Which statement best describes the “inventive concept” under UK law?
The general idea or principle behind the invention.
Explanation: The inventive concept represents the central technical contribution or idea that defines the patent.
How long is the time limit for making post-grant entitlement claims under the Patents Act 1977, Section 37(5)?
2 years.
Explanation: Claims concerning post-grant entitlement must be submitted within two years unless fraud or misconduct regarding ownership is proven.
What distinguishes an “outstanding benefit” under Section 40(1) in employee compensation disputes?
The extraordinary monetary or operational value it provides to the employer.
Explanation: The term “outstanding benefit” highlights exceptional contributions to the employer’s success, above common returns or expectations.
Under the Paris Convention, inventors are entitled to monetary compensation for being mentioned in the patent.
True or False
False
Explanation: The right to be mentioned concerns formal recognition, not financial compensation.
UK and European patent systems prioritise the “first to invent” principle over “first to file.”
True or False
False
Explanation: Both systems adopt the “first to file” principle, granting patents based on who files first regardless of invention timing.
Co-owners of a patent cannot license their share without the consent of other co-owners.
True or False
True
Explanation: Section 36 requires all co-owners’ consent before licensing or amending the patent.
Employers automatically own any invention made by their employees, regardless of circumstances.
True or False
False
Explanation: Ownership depends on whether the invention was made within the scope of employment duties or under specific agreements (Section 39).
A single entitlement hearing is conducted under the EPO Protocol on Jurisdiction for European patents.
True or False
True
Explanation: This ensures a unified resolution for entitlement disputes under EPC rules.
What rights are guaranteed to inventors under Article 4ter of the Paris Convention and Article 62 of the EPC?
The right to be mentioned as the inventor in official patent records, ensuring proper acknowledgment of their contribution
Explain how the presumption of entitlement under Section 7(4) can be rebutted. What is usually required?
The presumption can be rebutted by providing evidence of an agreement, contract, or other enforceable legal claims proving entitlement lies elsewhere.
Describe the key differences between pre-grant and post-grant entitlement proceedings in the UK.
Pre-Grant: Managed through Sections 8 and 12, references can be made to the comptroller before a patent is granted.
Post-Grant: Governed by Section 37, entitlement disputes occur after a patent is granted and have stricter time limitations.
What is the practical significance of the “reasonable opportunity for exploitation” remedy under the UK patent system?
This ensures the rightful patent owner can adequately utilize or commercialize the invention, providing equitable remedies like amending, transferring, or revoking patents when ownership disputes arise.
Provide one example of how case law has influenced entitlement disputes involving employee inventions.
Unilever v Shanks [2019]: Clarified the standard for “outstanding benefit” and how employee contributions and employer benefit are evaluated in compensation claims.
