John is a Senior Research Associate at a local university Singapore Inventors University(SIU).His field of research is on computer applications.He has been with the university for the last 15 years.
During his spare time on his off days,he worked on a computer application at home that facilitates research applications in a much faster way than current conventional applications.His development,in which he has labeled it as ‘ComSearch’ can be applied to nearly all fields of study and can be loaded into any computer application from laptops to smart phones.
Unknown to John,however, a similar-type application was developed in Japan and was used by highly skilled researchers in the technology industry there.
John wished to patent ComSearch and go into business for himself.However,before having it patented,John gave a copy of his prototype toSue,his girlfriend,who was head of a research and development department at another university.He then resigned from the SIU and went into business for himself.
SIU recently discovered John’s invention when the invention was published by the patients’ office and is claiming the right to the invention given that John was working for SIU at the time the invention was made.
Zhang. a research and develop professional from China,obtained ComSearch for his laptop and being very impressed at its speed and features it offered,had it reversed engineered to determined how it was developed.He is now selling his own version in the Chinese market.Having discovered what Zhang was doing,John now demands that Zhang stop production immediately, pointing out that he(John) is the patent owner and that Zhang is infringing his patent rights.
Use the Patents Act and the relevant case law,advise the following:
1)If the invention belongs to John or the Singapore Inventors University,and
2)If Zhang can legitimately make own versions of the invention ComSearch for sale in the China market.