Bio-science Law Review – University Inventions: When is a student a consumer?
University Inventions: When is a student a consumer? Oxford University Innovation Limited v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat)
This article provides a case comment on the Judgment of Daniel Alexander KC in Oxford University Innovation Limited v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat). The case concerned the intellectual property rights associated with a compact fluorescent microscope developed by a PhD student at Oxford University. The issues centred on: (1) who owned the intellectual property rights to the invention (particularly focusing on s.39 of the Patents Act 1977); (2) whether PhD students should benefit from Consumer Protection; and (3) where such protection was warranted, the fairness of intellectual property related provisions within PhD contracts.
It was the first time issues such as these had come before the UK courts, and as such the Judge engaged with all relevant authorities in depth. The case provides takeaways for anyone conducting collaborative research at higher education facilities. Particularly for anyone entering into or writing the terms individuals are engaged / contracted under as these circumstances of their employment / engagement may well determine who is able to realise the benefits of any commercially viable inventions.