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'Sewing the Fly Buttons on the Statute': Employee Inventions and the Employment Context

Abstract:

Section 39(1) of the Patents Act 1977 governs the ownership of inventions devised by employees in the course of their employment. Introduced 'to codify in a few lines the accumulated common law experience' prior to 1977, it does not expressly differentiate between employment fields, and has been widely assumed to apply indiscriminately, without regard to the particular context of employment. The purpose of this article is to revisit that assumption. In the argument made, section 39(1) was bui...

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Publication status:
Published

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Publisher copy:
10.1093/ojls/gqs003

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty, Intellectual Property
Role:
Author
Journal:
OXFORD JOURNAL OF LEGAL STUDIES
Volume:
32
Issue:
2
Pages:
265-295
Publication date:
2012-01-01
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
URN:
uuid:e809bf06-1e26-4752-9f74-8ced691b89ef
Source identifiers:
341620
Local pid:
pubs:341620
Language:
English
Keywords:

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