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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 What is the inventive concept of EPA 3 011 041?
- 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.
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