header-logo header-logo

14 November 2019 / Peter Stevens
Issue: 7864 / Categories: Features , Intellectual property , Employment
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll