As for the UK Patents Act, an invention made by an employee is normally taken to belong to the employer if made in the course of the normal duties of the employee (or in the course of special duties specifically assigned to him from which the invention might reasonably be expected to result) or where the employee in some other way had a special obligation to further the interests of the employer.

Where the invention is of 'outstanding benefit' to the employer, the employee is entitled to compensation calculated as a 'fair share' of the benefit which the employer has derived or may reasonably be expected to derive from the patent. This entitlement may not be removed by the employment contract.

Further information on the above may be obtained via Linklaters & Paines Hong Kong office or via any of the other nine Linklaters & Paines offices world-wide, located in Singapore, Tokyo, London, Brussels, Paris, Frankfurt, New York, Washington D.C. and Moscow. Contact details for the various L&P offices worldwide are available via the Linklaters & Paines corporate listing c/o Business Monitor Online -

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