SHANKS V UNILEVER PLC & OTHERS
The Patents Court has handed down judgment in Shanks v Unilever plc & others, in which Patrick Green appeared for Professor Shanks, the successful appellant.
ISSUE: When an employer has assigned an invention or patent to a connected company, how does this affect the (employee) inventor’s right to an award of a fair share of any outstanding benefit, under sections 40 and 41 of the Patents Act 1977?
Background
Professor Shanks is claiming an award of up to £40m compensation from Unilever Plc (and other Unilever companies), under sections 40 and 41 of the Patents Act 1977, which provide that an employee inventor is entitled to a fair share of any “outstanding benefit” which his employer derives from his invention1. Professor Shanks was employed by Unilever’s research company, “CRL”. His invention, in the early 1980s, was a capillary fill device which could be used for monitoring blood glucose levels. On 13th June 1984, Professor Shanks’s invention was assigned to Unilever Plc for £100, with a later confirmatory assignment for another £100. So, CRL (his employer) did not receive an outstanding benefit from this.
To read full PDF click here
Would you like to know more?
If you require help or advice please contact our clerking team
Call - +44 (0)20 7583 9020
or email our clerks