SECTION 2: PATENT OWNERSHIP
Article 19: right to patent
The right to a patent shall belong to the inventor. The right to the patent is a personal property
and may be transferred or assigned by means of succession.
The right to the patent may be subject to security or mortgaged.
Article 20: Invention made by several persons; first applicant principle
Where two or more persons have jointly made an invention, the right to the patent shall
belong to them jointly.
Where the invention has been carried out by two or more persons, the use of the patented
invention by one of the owners shall not require the agreement of the other owners. However,
the owners may only conclude jointly license agreements relating to the patent.
Particularly, where two or more persons have carried out the same invention independently of
each other, the right to the patent shall belong to the person whose filing date or, where
priority is claimed, the validly claimed priority date, is the oldest, as long as said application
has not been withdrawn, abandoned or rejected. The establishment of the right of preference
shall be based on the matter claimed in the application.
Article 21: Invention carried out as part of an employment contract
If the invention has been carried out as part of an employment contract, the right to the patent
for this invention shall belong to the employer, unless otherwise stipulated in the contract.
Where an invention has an economic value that is much higher than that which the parties
could reasonably foresee at the time the contract is concluded, the inventor shall be entitled to
equitable remuneration taking into account the value of his invention.
Where an employee who is not obliged by his employment contract to carry out an inventive
activity produces, in his employer’s field of activities, an invention by using the data, or
means and know-how available to him through his employment, the right to the patent for this
invention shall belong to the employee. Nevertheless, in the case the employer makes known
his interest in that invention, he may request for the grant of all or part of the right to the
patent protecting the invention of the employee in accordance with the agreement between the
parties.
Where there is no agreement between the employee and the employer, according to paragraph
(2) and (3) of this article, the remuneration shall be fixed by the competent tribunal.
Any contractual provision that is less favourable to the employee than these provisions shall
be invalid. Any anticipated promise or undertaking by the inventor made to his employer to
the effect that he will waive any remuneration he is entitled to under this article shall be
without legal effect.