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Art.49. The rights attached to patents
shall only cover acts performed for
In the former instance, the author of the
industrial and commercial purposes and
invention shall be entitled to a bonus
shall not cover acts performed in particular
whose amount, nature and value in use
for the sole purpose of scientific research
shall be determined by the enabling
or certain preparations for laboratory
measures.
lectures, made in an impromptu manner.
Art.52. In the case of an invention made
Art.50. The rights of the holder of a
jointly, and subject to what is stipulated in
patent or incentive certificate shall be
Article 51, each joint owner may exploit
assignable, grantable and transferable inter
the invention in the proportion of his rights
vivos or upon death, in whole or in part.
and take legal proceedings for his benefit
in respect of infringements.
Acts involving assignment, granting or
transmission of the rights inherent in
Art.53. If a patent or an incentive
patents or certificates must, on pain of
certificate has been applied for, either for
invalidation, be recorded in writing and be
an invention or a discovery that has been
entered in the register of patents or
taken from the holder or his successors in
incentive certificates.
title, or in violation of a legal or treaty
obligation, the injured party may claim the
Art.51. Unless specifically stipulated
paternity of the application or the
otherwise in the contract, the right in a
ownership of the title granted.
patent for an invention made under a
service contract shall belong to the
In the event that it succeeds, the action in
employer.
respect of a claim shall effect the
subrogation in favor of its author.
In the event that an employee, through his
employment contract, has not been tasked
Should this be the case, the court shall
with an inventive activity, and that, by
order:
chance, he makes an invention by using the
• either that the applicant transfer his
means made available by the employer, the
rights and obligations to the successor
invention shall belong jointly to the party
in title within a set deadline, in which
concerned and to his employer.