Björn Persson v. LightAir Holding AB, Stockholm District Court, 14 September 2010, Docket No. T 18286-09
In a recent case between a private person (Persson) and a company (LightAir), certain procedural issues have been addressed by the Stockholm District Court. In 2008, the case was filed by Persson as better right to a Swedish national patent. Persson later amended his claim as a request for transfer of patent, even if there was some confusion in this respect. In support of his claim, Persson alleged to be co-inventor when the patented invention was developed in 2000 and 2001. The patent application had been filed in 2001, and was granted in 2003. The Stockholm District Court noted that there are certain time bars that need to be observed for transfer of patent claims; the claim must be filed either within one year from becoming aware of the patent grant, or at the latest (if the patentee was acting in good faith) within three years of the patent grant. The Stockholm District Court concluded that it was shown that Persson had been aware of the patent grant at least since 2004, and the claim was therefore barred from consideration by the court. The Stockholm District Court also noted that Persson would not have been more successful if claiming better right to the patent, since such claim must be based on circumstances from after the patent grant (for example an agreement).
Read the judgment (in Swedish) here.
Headnote and summary: Erik Ficks