Feeds

Dragons' Den winner infringed own patent, IPO rules

He's out

High performance access to file storage

A man whose invention caught the attention of millions of television viewers may have infringed a patent he applied for himself ten years ago. A contestant on the Dragons' Den TV programme may have to defend his invention from legal action.

Andrew Harsley appeared on the programme and convinced two of its panellists, Duncan Bannatyne and James Caan, to invest £150,000 in the Rapstrap, a plastic cable tie.

But the Intellectual Property Office (IPO) has said that the invention is already partially covered by a patent owned by a company Harsley helped to found. He has since left the firm.

Millepede's patent for the reusable plastic strip lists Harsley as the inventor. Harsley has said that he has since been awarded patents in China and Mexico for his own Rapstrap product.

Harsley left Millepede to set up Rapstrap, but his name is on Millepede's patent for its strips, which was granted in 1999.

Millepede asked the IPO to conduct a full technical review of Harsley's Rapstrap to see if it infringed its patent. The IPO found that the strip did possess characteristics covered by Millepede's patent.

"The Rapstrap cable tie falls within the scope of claims 1 and 5 of the patent," said examiner Steven Morgan.

"I was amazed when Harsley, who had previously founded the Millepede company, forgot to mention Millepede’s existence on the programme," said John Butterworth, managing director of Millepede. "Then afterwards all the parties showed a lack of interest in talking to Millepede about our prior patent. I hope this official review will now change that situation.”

The review is just an opinion and does not grant Millepede any new rights. If it wants to stop Harsley from selling his strips or force him to pay licence fees it will have to do so through the courts.

David Fry of law firm Agile, which advised Harsley, told The Scotsman newspaper: "The opinion will have no bearing whatsoever on an infringement action in front of a court because they will firstly address the issue of validity."

Harsley had won a £35m contract for up to a billion units of his cable ties and the invention was touted as one of the success stories of entrepreneurial challenge programme Dragons' Den.

Millepede sells a variety of ties and rods for securing bags, plants or cables, including Mille-Ties, anchors and cable rings.

See: The IPO's opinion (11-page/449kb pdf)

Copyright © 2009, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

High performance access to file storage

More from The Register

next story
Sorry London, Europe's top tech city is Munich
New 'Atlas of ICT Activity' finds innovation isn't happening at Silicon Roundabout
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.