Case Report: Shanks v Unilever Plc and others

The Supreme Court has handed down its judgment for this case.  A copy of the judgment may be found here. 

 

In brief, the Supreme Court has in a unanimous decision allowed Professor Shanks’ appeal, and decided that Professor Shanks is entitled to £2 million (a 5% share of the benefit enjoyed by Unilever from the Shanks patents).

 

To provide a brief recap, Professor Shanks conceived an invention during employment by a subsidiary of Unilever.  The invention was wholly owned by his employer (pursuant to section 39(1) of the Patents Act 1977).  However, Professor Shanks applied for compensation on the basis that the invention was of outstanding benefit to his employer (under section 40 of the Patents Act 1977).  The application was rejected by the hearing officer, and the High Court.  The Court of Appeal similarly found that Professor Shanks was not entitled to compensation, and Professor Shanks appealed this decision to the Supreme Court.