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Intellectual Property Law

Intellectual Property Law (5th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 26 March 2023

p. 61921. Ownershiplocked

p. 61921. Ownershiplocked

  • L. Bently, L. BentlyHerchel Smith Professor of Intellectual Property, University of Cambridge
  • B. Sherman, B. ShermanProfessor of Law, University of Queensland
  • D. GangjeeD. GangjeeAssociate Professor of Intellectual Property Law, University of Oxford
  •  and P. JohnsonP. JohnsonProfessor of Commercial Law, Cardiff University


This chapter explores the issue of patent ownership and the related question of who is entitled to be granted the patent. It begins by considering aspects of British law dealing with ownership and who is properly entitled to the grant of a patent, particularly as stated in the Patents Act 1977, as well as the remedies available where the wrong person has applied for a patent or a patent has been granted to the wrong person. It then looks at the European Patent Office’s procedural role in determining disputes over entitlement before concluding with an analysis of ownership with respect to inventors, joint inventors, and employee inventions.

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