389. Jurisdiction to determine questions as to right to European patents.

The jurisdiction of the court1 and the comptroller2 to determine questions3 about entitlement to European patents4 is subject to certain conditions5 in the case of:


    (1)     a question arising before the grant of a European patent as to whether a person has a right to be granted a European patent or a share in any such patent6; or


    (2)     any such question (an employer-employee question) between an employer7 and an employee8, or their successors in title, arising out of an application for a European patent for an invention made by the employee9.

The court and the comptroller have jurisdiction to