Entitlement Proceedings - Jones v Irmac Roads Ltd
Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Jones v Irmac Roads ltd [2022[ EEHC 495 (IPEC) 8 March 2022 This was an entitlement action under s.37 of the Patents Act 1977 . The claimant, Mark Jones, sought a declaration that he was the sole proprietor of UK Patent No. 2 506 097 for an infra-red road asphalt heater. I discussed such actions in Disputes over Ownership of Inventions in IP Southeast on 5 Aug 2015. This case was unusual in that it took place in front of Judge Hacon and not a hearing officer on behalf of the Comptroller and the trial took place outside London. The infra-red road asphalt heater was invented by Mr Jones. On 20 June 2012, a director of the defendant company applied for the patent naming himself and Mr Jones as the inventors without the knowledge of Mr Jones. The application was granted on 13 Sept 2017. The company claimed that it was entitled to the patent by virtue of a s...