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14 November 2019 / Peter Stevens
Issue: 7864 / Categories: Features , Intellectual property , Employment
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Employee benefits…but when?

11469
Peter Stevens traces the recent history of compensation awards for employee inventors
  • A ground-breaking provision and the arrival of two cases in quick succession.
  • Legislation: connected and unconnected persons.
  • Ancillary arguments.

In 1977, a ground-breaking provision was introduced which enabled employees to claim compensation if they invent something of outstanding benefit to their employer.

Section 39 of the Patents Act 1977 provides that an invention made by an employee in the course of his employment belongs to his employer, but s 40 entitles the court to award the employee compensation if the invention is of outstanding benefit to the employer (having regard among other things to the size and nature of the employer’s undertaking) and it is just that the employer should compensate him for it.

Section 41 provides that the award of compensation should be such as will secure for the employee a fair share of the benefit, taking into account (among other things):

  • the nature of his duties;
  • his remuneration and other benefits;
  • the effort and skill he devoted to making the invention;
  • the advice and assistance
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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