Nulity action related to utility model patent. Our firm is assisting Dräger Perú in a nullity action initiated by David Alonso Ponce Rodríguez relating to the utility model patent “una máscara repiratoria con módulo electrónico desmontable que adquiere información fiable relacionada a lo habitos y factor de uso de las máscaras durante la jornada laboral”, registered on behalf of Universidad de Lima and Dräger Perú.
Counterparty seeks recognition as inventor of utility model: The basis for the nullity is that Mr Ponce seeks to be recognised as the inventor of said utility model, arguing that he had participated in the invention and, as such, should be recognised as the inventor.
Utility resulted from project between client and renowned Peruvian university: The utility model was developed within the framework of the project financed by INNOVATE PERU, winner of the Business Innovation Projects Competition presented by Dräger Perú in association with the Universidad de Lima. Mr. Ponce cannot be considered an inventor because he did not come up with a solution to a specific problem but rather fulfilled a commission following the indicated guidelines.
Challenging case to maintain patent ownership: This procedure is challenging since it seeks to ensure that the client maintains ownership of the patent without sharing it with another person.
Latest development: The Commission declared the nullity action unfounded. Mr Ponce appealed the resolution, and Dräger has responded to the appeal, which is pending.
