ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Section 41 – Amount of compensation
(1)An award of compensation to an employee under section 40(1) and (2) above in relation to a patent for an invention shall be such as will secure for the employee a fair share (having regard to all the circumstances) of the benefit which the employer has derived, or may reasonably be expected to derive, from the patent or from the assignment, assignation or grant to a person connected with the employer of the property or any right in the invention or the property in, or any right in or under, an application for that patent.
(1)An award of compensation to an employee under section 40(1) or (2) above shall be such as will secure for the employee a fair share (having regard to all the circumstances) of the benefit which the employer has derived, or may reasonably be expected to derive, from any of the following –
(a)the invention in question;
(b)the patent for the invention;
(c)the assignment, assignation or grant of –
(i)the property or any right in the invention, or
(ii)the property in, or any right in or under, an application for the patent,
to a person connected with the employer.
[ Subsections (2) and (3) are unchanged ]
(4)In determining the fair share of the benefit to be secured for an employee in respect of a patent for an invention which has always belonged to an employer, the court or the comptroller shall, among other things, take the following matters into account, that is to say –
[ sub-paragraphs are unchanged ]
(5)In determining the fair share of the benefit to be secured for an employee in respect of a patent for an invention which originally belonged to him, the court or the comptroller shall, amount other things, take the following matters into account, that is to say –
(a)any conditions in a licence or licences granted under this Act or otherwise in respect of the invention or the patent for it;
[ subsequent sub-paragraphs are unchanged ]
[ Subsections (6) to (9) are unchanged ]
(10)In Scotland an order made under section 40 above by the comptroller for the payment of any sums may be enforced in like manner as a recorded decree arbitral an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
[ Subsequent subsections are unchanged ]