Employee Invention

The employee invention regime determines who owns an invention made within an employment relationship. IPL Article 113 et seq. distinguishes two categories.

Service and Free Inventions

• Service invention: An invention made by the employee during the employment relationship as part of their duties, or based largely on the employer’s experience and work.
• Free invention: Any other invention. It belongs to the employee, who must nevertheless notify the employer.

Notification and Claim

• The employee notifies the service invention to the employer in writing without delay (IPL Article 114).
• The employer may claim full or partial rights in writing within four months of receiving the notification (IPL Article 115(1)).
• Full claim: All rights pass to the employer once the claim reaches the employee.
• Partial claim: The invention becomes a free invention, but the employer may use it under the partial right.
• If no claim is made in time, or the employer states it will not claim, the invention becomes a free invention.

Compensation

If the employer claims full or partial rights, the employee may request reasonable compensation, taking account of the invention’s economic value, the employee’s position and the employer’s contribution.

In Practice

R&D companies should set up invention disclosure procedures, a compensation policy and a record system to ensure rights are claimed on time. Employment contracts should contain confidentiality and IP clauses, but the IPL’s protective provisions cannot be contracted out of. Special rules apply to inventions at universities (IPL Article 121). For copyright works such as software see Author of a Work.