395. Award and assessment of compensation.

An award of compensation1 to an employee2 in relation to a patent for an invention3 must be such as will secure for the employee a fair share, having regard to all the circumstances, of the benefit which the employer has derived, or may reasonably be expected to derive4, from any of the following: (1) the invention in question; (2) the patent for the invention; (3) the assignment or grant of the property or any right in the invention5 or the property in, or any right under, an application for that patent, to a person connected with the employer6.

In determining