BDI Holding GmbH v Argent Energy Ltd & Anor

BDI Holding GmbH v Argent Energy Ltd & Anor

The inventive concept of EPA 3 011 041 is a biodiesel composition comprising 7-10.5% by weight methyl octadecenoate and 39-41% by weight methyl cis-9-octadecanoate, which provides certain technical advantages. This concept was devised by Mr Scott of Argent, and thus Argent is entitled to maintain ownership of the...

Source-derived case information.

Parties
Claimant: BDI HOLDING GmbH; Defendant: Argent Energy Limited; Defendant: Argent Energy (UK) Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2019
Procedural Posture
Entitlement to European Patent Application / Judgment After Trial
Outcome
Application for entitlement dismissed; Argent remains entitled to the patent application.
Legal Topics
Entitlement to Patent, Inventive Concept, Ownership of Patent Applications
Intellectual Property Patent Law Entitlement to Patent Inventive Concept Ownership of Patent Applications

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Parties

BDI HOLDING GmbH

Claimant

Argent Energy Limited

Defendant

Argent Energy (UK) Limited

Defendant

Procedural Posture

Entitlement to European Patent Application / Judgment After Trial

  1. 1 What is the inventive concept of EPA 3 011 041?
  2. 2 Who devised the inventive concept and is entitled to the patent application?

Ratio Decidendi

The inventive concept of EPA 3 011 041 is a biodiesel composition comprising 7-10.5% by weight methyl octadecenoate and 39-41% by weight methyl cis-9-octadecanoate, which provides certain technical advantages. This concept was devised by Mr Scott of Argent, and thus Argent is entitled to maintain ownership of the application.

Court Disposition

Application for entitlement dismissed; Argent remains entitled to the patent application.