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Reports of Patent, Design and Trade Mark Cases 2004 121(17):681-692; doi:10.1093/rpc/2004rpc34
© 2004 by Crown Copyright
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© Crown Copyright

[2004] R.P.C. 34

BUCHANAN v ALBA DIAGNOSTICS LTD

House of Lords

(Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood): February 5, 2004

[2004] R.P.C. 34

Patent—Brake fluid meter—Assignation—Doctrine of accretion under Scots law—Assignation of future improvements—Whether such assignation created personal obligation or disposed of proprietary right—Whether such assignation an unreasonable restraint of trade—Public interest to allow inventor to borrow money on security of future rights—Whether later invention an improvement—Broad and commercial meaning of "improvement" required in this context—Question of degree where appellate tribunal should not substitute its own opinion for that of judge of first instance—Later invention an improvement because it enabled manufacture of more effective and convenient brake fluid meter.

Practice—Scots appeal to House of Lords—Judgment below had disposed of whole merits of pursuer's action—Leave to appeal from Inner House of Court of Session not required.

Key Words: Accretion • Assignment • Improvements • Patents • Scotland


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