3. The working of the invention or discovery patent may be performed either by the
public-sector researcher pursuant to the provisions of Article 14 of the aforementioned Law
No. 2000-68 of July 17, 2000, or by the State agency or corporation, and either direct or
through a third party.
4. The public-sector worker who makes an invention shall be accorded a percentage
ranging from a minimum of 25 % to a maximum of 50 % of the net proceeds referred to in
Article 5 of this Decree. The balance shall accrue to the State agency or corporation
concerned.
The percentage referred to in the foregoing paragraph shall be determined according to
the provisions of Article 6 of this Decree.
5. For the purposes of the implementation of this Decree, net proceeds shall be the
amounts collected by the State agency or corporation from the working of the invention or
discovery patent after deduction of:
(1) the patent protection costs and, where applicable, the charges for enforced
collection of royalties for the working of the patent;
(2) the direct cost incurred by the State agency or corporation concerned in the making
of the invention or discovery, namely:
(a) the cost of specific equipment acquired to that end;
(b) the cost of everyday expenditure incurred exclusively in the conduct of the research;
(3) the indirect cost of the making of the invention or discovery, which is likely to
comprise:
(a) the amount of the financing set aside for the research activities carried on by the
researcher or research team concerned in the course of which the research that led to the
invention or discovery was conducted;
(b) the operating expenses of the research laboratory (or laboratories) or unit (or units)
or of the structure within which the invention or discovery was made, including the salaries
paid to the researchers and other workers who contributed to the making of the invention or
discovery.
6. The percentage of the net proceeds accruing to the public-sector worker who has
made the invention or discovery referred to in Article 4 of this Decree shall be determined in
relation to the following criteria:
— the volume of the net proceeds from the working of the patent;
— the time spent on the research that led to the invention or discovery;
— the time set aside by the researcher or research team for the conduct of the said
research;
— the actual participation of the public-sector workers in the making of the invention
or discovery, if there were more than one;
— the actual participation of the inventor in training, in support and in the promotion of
research within the State agency or corporation.
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