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UK Supreme Court decision on whether employee entitled to compensation for invention - Shanks v Unilever Plc and others [SupCrt EW] 23.10.19

Patents - Employees' rights - Invention by employee of device designed to measure glucose concentrations - Rights to invention belonging to employer, which subsequently obtained patents in respect of invention - Patents later licensed to third parties - Claim brought by employee for compensation against employer pursuant to Patents Act 1977 s.40(1) - Intellectual Property Office calculating financial benefit to employer from licensing patent rights, but deciding that this was not an "outstanding" benefit as required by the terms of s.40(1) - Decision upheld by High Court and Court of Appeal - Determining what is "outstanding benefit" for purposes of deciding whether an employee who has made an invention belonging to an employer for which a patent has been granted is entitled to compensation pursuant to section 40(1) of the 1977 Act. HELD employee's appeal allowed

Scientist gets £2m decades after he invented diabetes test (BBC News 23.10.19)
Link to judgment
Supreme Court press summary
Category: Intellectual Property » Patents. Keyword(s): Employees. Area(s) of law: Employment; Technology and Information.
Source: [2019] UKSC 45; Times 19.11.19.

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