Cinpres Gas Injection Ltd v Melea Ltd

Cinpres Gas Injection Ltd v Melea Ltd

Section 37 of the Patents Act 1977 does not confer jurisdiction to grant a licence to a claimant whose proprietary claim has failed; only those with legitimate proprietary interests may obtain relief under the section.

Parties
Claimant: Cinpres Gas Injection Limited; Defendant: Melea Limited
Jurisdiction
England and Wales
Judgment Date
23 November 2006
Procedural Posture
Patent Entitlement Claim / Post Judgment Application for Licence Under Section 37 of the Patents Act 1977
Outcome
Application for licence refused
Legal Topics
Patent Entitlement, Licensing, Estoppel, Section 37 Patents Act 1977
Intellectual Property Patent Law Patent Entitlement Licensing Estoppel Section 37 Patents Act 1977

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Parties

Cinpres Gas Injection Limited

Claimant

Melea Limited

Defendant

Procedural Posture

Patent Entitlement Claim / Post Judgment Application for Licence Under Section 37 of the Patents Act 1977

Legal Issues

  1. 1 Whether section 37 of the Patents Act 1977 allows the grant of a licence to a failed claimant
  2. 2 Whether a party with no proprietary interest can obtain a licence under section 37
  3. 3 Effect of estoppel from previous judgment on entitlement and licensing claims

Ratio Decidendi

Section 37 of the Patents Act 1977 does not confer jurisdiction to grant a licence to a claimant whose proprietary claim has failed; only those with legitimate proprietary interests may obtain relief under the section.

Court Disposition

Application for licence refused