Beamocular brought proceedings against C-Rad, alleging that Beamocular had the superior right to an Invention made by K.M. who was at the time an employee of C-Rad.

The Swedish Patent and Market Court of Appeals confirmed that the primary work duties of K.M. did not constitute research activities and therefore the Invention was not a so-called “research invention”, nor was it a solution to a specified task in K.M.’s work for C-Rad. However, the Court applied an offer-accept model in accordance with principles of contract law to a so-called “Assignment” document between K.M. and C-Rad, and concluded that it did constitute a valid assignment.  Therefore the Invention had been validly transferred to C-Rad.

A full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law
This page as PDF