41 Amount of compensation
Patents Act 1977 (1977 c 37) | Legislation

41  Amount of compensation

[(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.]

(2)     For the purposes of subsection (1) above the amount of any benefit derived or expected to be derived by an employer from the assignment, assignation or grant of—

(a)     the property in, or any right in or under, a patent for the invention or an application for such a patent; or

(b)     the property or any right in the invention;

to a person connected with him shall be taken to be the amount which could reasonably be expected to be so derived by the employer if that person had not been connected

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