Right To The Invention

Question 1

Rights to invention

Answer 1

The moral right to inventorship

An economic, transferable right to a patent

Question 2

All rights originally belong to the inventor or successor in title

Answer 2

True

Question 3

internationally recognized standard of protection of a personal right of authorship of an inventor in relation to an invention

Answer 3

Article 4ter of the Paris Convention, Art 4(v) PCT, Art 62 EPC

Question 4

Joint inventions

Answer 4

the right to an invention belongs to the inventors jointly, but each of co-inventors keeps his own personal right to be recognized as a co-inventor

Question 5

Co-inventors simply have to contribute in an inventive manner

Answer 5

Do not necessarily have to make the same type or amount of contribution or make a contribution to the subject matter of every claim of the patented invention

Question 6

Non-inventive contributions

Answer 6

Merely providing an idea
Posing the problems to be solved
Mere suggestions
Supplying research tools, lab space, data
Performing tests used for inventive activities
Supervising activities
Providing financial aid

Question 7

“joint ownership default regime” (EU Regulation No 1290/2013)

Answer 7

each joint owner shall be entitled to grant non-exclusive licences to third parties to exploit the jointly owned results, without any right to sub-license, subject to the following conditions: namely:

prior notice to the other joint owners

fair and reasonable compensation provided to the other joint owners

Question 8

Employee’s invention

Answer 8

an invention created by a natural person (the “employee”) working under an employment contract for another natural or legal person (the “employer”)

Question 9

Service invention

Answer 9

the invention made during the course of the employee’s inventive duties

Ownership: Employer
Inventorship: Employee

Question 10

Service-related invention

Answer 10

an invention made by the employee not hired for the purpose of inventing, but involving the use of the employer’s time, materials or equipment

Ownership: Employee (with employer having rights of exploitation)
Inventorship: Employee

Question 11

Free invention

Answer 11

The invention made by the employee not hired for the purpose of inventing

Ownership: Employee
Inventorship: Employee

Question 12

When determining remuneration, the following considerations are often taken into account:

Answer 12

the value of the invention

the extent of the ownership rights acquired by the employer

the significance of the employee’s and employer’s engagement regarding the resulting invention

Question 13

institutional ownership regime

Answer 13

the right to an invention developed by a researcher in the framework of publicly funded research belongs to the institution.

Question 14

individual ownership regime

Answer 14

“professor’s privilege”