Employee Inventions In The Netherlands
By Wouter Pors In The Netherlands, the rights of employees to an invention are governed by the Dutch Patent Act of 1995 (DPA), whereas otherwise the rights and obligations of employees are governed by the Dutch Civil Code. Only two provisions of the Patent Act, articles 12 and 14, specifically deal with the rights of […]
Employee-Inventors Compensation In Germany— Burden Or Incentive?
By Sebastian Wündisch Introduction In Germany, around 80 to 90 percent of all inventions are created by employees.1 This leads to a conflict between the German principles of employment law and patent law. According to employment-law principles, the results of work are the property of the employer; the salary compensates the employee for all assigned […]
New Employee Invention Scheme In Japan
By Shoichi Okuyama The employee invention scheme in Japan, which was initially modeled after the German system, was again revised in 2015, and the new scheme took effect on April 1, 2016. I would first like to summarize the changes made, and then put these changes into the perspective of events since the Patent Act […]
Service Invention In China— Current Provisions & Proposed Changes
By Stephen Yang Ownership of Service Inventions Current Provisions – Article 6 of the current Chinese patent law defines “service invention-creation” and the ownership thereof.
Managing Risks And Rewards For Employees Inventions And Intellectual Works In Mexico
By Hector E. Chagoya-Cortés The Mexican patent system has had for several years the necessary legal framework in order to give certainty to employers regarding ownership of inventions made by its employees, but current trends related to multinational open innovation and the public policy promoted in Mexico for conforming technology transfer offices at R&D centers […]
An Employer’s Entitlement To An Employee’s Invention In Australia
By Rodney DeBoos In Australia, the entitlement of an employer to a patentable invention made by its employee is governed by the common law and equity. There is no statute which dictates the rules which apply, although the impact of the Corporations Act 2001 is discussed below in relation to fiduciary duties. The situation in […]
Employee Inventions Around The World
By Sun R. Kim Multinational companies have relied on their employees for research and development projects and for creating valuable IP portfolios. The ownership of employee invention and related remuneration issues have been discussed at an international level. The issue of employee remuneration is not only important for innovative companies but also for employee inventors. […]
Employee Inventions In France
By Francis Declercq and Didier Intes
A New Strategic Approach To Technology Transfer
By Mojdeh Bahar and Robert J. Griesbach The principal goal of federal research and development (R&D) is to solve problems for public benefit. Technology transfer (TT) within the U.S. Department of Agriculture (USDA) has always been a core part of its mission, but has usually been addressed after a research project is completed. As a […]
Three Years After The America Invents Act: Practical Effects On University Tech Transfer
By Robert MacWright The America Invents Act (AIA) has significantly changed the way university technology transfer offices operate. On the plus side, the first-inventor-to-file rule has allowed for simpler invention disclosures, since disclosures no longer have value as conception records. The AIA has also provided more relaxed procedural rules, avoiding the mad dash to get […]
