ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Section 43 – Supplementary
(5)For the purposes of sections 40 and 41 above the benefit derived or expected to be derived by an employer from a patent an invention or patent shall, where he dies before any award is made under section 40 above in respect of the patent it, include any benefit derived or expected to be derived from the patent it by his personal representatives or by any person in whom it was vested by their assent.
(5A)(5A) For the purposes of sections 40 and 41 above the benefit derived or expected to be derived by an employer from an invention shall not include any benefit derived or expected to be derived from the invention after the patent for it has expired or has been surrendered or revoked.