The case raises and answers an interesting question - under English law, does an assignment of a patent (other than by deed) require consideration?
The answer is given clearly in [47] of the judgment:
“an instrument in writing satisfying s30(6) is effective as a legal assignment without any additional requirement for consideration.”
Section 30(6) of the Patents Act 1977 requires only that the assignment "is in writing and is signed by
or on behalf of the assignor".
Now, this moggy must confess to being surprised by this. Many, many years ago he was told (by a solicitor, so it must be true, he thought) that an assignment not executed as a deed had to fulfil the requirement of contract law for consideration, and that therefore consideration was required. IPDraughts himself on the other hand was already of the view that consideration is not required for an IP assignment, and so the decision merely confirmed his already-held view. But this moggy suspects he is not the only practitioner to find this case surprising.
So this Kat wonders three things:
1) Who among our dear readers is surprised by this decision?
2) Does anyone think that it is wrong? and
3) Should practitioners carry on putting consideration into IP assignments (not executed as a deed) anyway?