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.