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Reports of Patent, Design and Trade Mark Cases Advance Access originally published online on December 20, 2007
Reports of Patent, Design and Trade Mark Cases 2008 125(1):1-20; doi:10.1093/rpc/rcm001
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© Crown Copyright

[2008] R.P.C. 1

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc

House of Lords

(Lord Hoffmann, Lord Phillips of Worth Matravers, Lord Walker of Gestingthorpe, Lord Mance and Lord Neuberger of Abbotsbury): July 23–25 and October 24, 20071

[2007] UKHL 43, [2008] R.P.C. 1

Patent—Entitlement proceedings—Referrer claiming joint ownership—Application to amend referrer's statement of case to add alternative claim to sole ownership—Whether amendment barred by two-year statutory time limit—Amendment allowed—Appeal to Patents Court—Appeal allowed—Appeal to Court of Appeal—Appeal dismissed—Appeal to House of Lords—Whether necessary for referrer to invoke some rule of law giving him title to patent—Whether claim to sole ownership a new claim—Whether reference to the comptroller analogous to civil proceedings—Appeal allowed


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