[Please answer using IRAC format - Issue, Relevant Law, Application, Conclusion + only relevant Western Australian common law can be applied, thank you!]

Case Facts:

Xavier is a talented mechanical engineer. He worked, until recently, for Ally Pty Ltd, a company that that supplied machinery to mining industry. Xavier worked on large vehicles and equipment and repaired parts that performed tasks ranging from digging to mineral processing. In his spare time Xavier plays around with the mechanics of sports cars. Last year he formulated a new engine cooling method particularly suitable for sports vehicles that operate for extended period of time.

Xavier applied for a patent at the time at the time, to protect the concept he had discovered. Xavier gradually realised there might be a market for his method. So, he resigned to start his own business about a month after his patent application was successful. Ally has now heard about the patent and they want Xavier to transfer ownership of it to them. Xavier does not want to make the transfer because he had used most of his own time in making the method work. He had only used work time when he was working remotely for Ally and 'on reserve' with nothing else to do.

Question:

a) Does Ally have a common law right to Xavier's patent?

b) Has Xavier breached any common law duty owed to Ally?