Two researchers should receive compensation for a patent that was of 'outstanding benefit' to their employer the High Court has ruled. This was despite the employer owning the patent and all other intellectual property rights. S.40 of the Patents Act 1977 allows compensation to be awarded where employee benefits are considered inadequate compared to the benefit received by the employer. Institutions that engage research staff should consider the adequacy of compensation available to employees where something of great benefit is produced. The High Court ruling can be accessed online at - http://www.bailii.org/ew/cases/EWHC/Patents/2009/181.html. The news article is available at - http://www.out-law.com/page-9797.
(17/02/09)