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Article · Chapter 1 · The Right to Apply for a Patent

Employment and commissioned inventions

Where an invention results from employment or a contract, the economic rights arising from the invention belong to the employer, unless otherwise agreed. For the purpose of issuing the patent, the applicant must declare the name of the inventor to the Registration Authority.

Note — Where the invention does not fall within the subject matter of the inventor's contractual activity, or where the matter has not been settled in respect of an invention resulting from performance of a contract, the economic rights arising from the invention belong to the contractor or employee — unless the invention was made using the knowledge, information, technology, or tools and equipment belonging to the employer, in which case the right to register the patent and the rights arising from it belong to the inventor, and the employer also has the right of non-exclusive exploitation of the invention.