6 No. 10 Invention made in execution of employment contracts. 9. (1) Where an invention is made in execution of an employment contract the right to the patent shall belong, in the absence of contractual provisions to the contrary, to the employer. 10. (1) The inventor shall be named as such in the patent, Naming of inventor. unless in a special written declaration signed by him and addressed to the Registrar he indicates that he wishes not to be named. (2) Inventions made without any relation to an employment or service contract and without the use of the employer's resources, installations or equipment shall belong solely to the employee or person commissioned. (2) Any promise or undertaking by the inventor made to any person to the effect that he will make such a declaration shall be without legal effect. Patents and Industrial Designs Act 2012 (3) In the absence of an express term to the contrary, inventions made by the employee or person commissioned which do not come within subsection (1) and which results from both the personal contribution of the inventor and the resources, installations or equipment of the employer, shall be owned jointly in equal shares and the employer shall have the exclusive right to a licence of exploitation and the employee or person commissioned shall have the right to a fixed remuneration. No. 10 Patents and Industrial Designs Act PART IV -APPLICATION FOR GRANT AND REFUSAL OF � GRANT OF PATENT � 11. (1) An application for a patent shall be filed with the Application. Registrar and shall contain (a) � a request; (b) � a description; (4) The exploitation of the subject of the patent shall be started by the employer within one year from the date of the patent grant, failing which the invention shall become the exclusive property of the employee or person commissioned. (c) � one or more claims; (5) The employer may also apply for a patent under subsection (3) to be granted in another country provided that fixed remuneration is guaranteed to the employee or person commissioned. (e) � an abstract. (6) In the absence of an agreement to start the exploitation of the patent during such exploitation, either of the joint owners on an equal footing may exercise his right of preference within the period provided under this Act. (7) This section shall also apply where relevant directly or indirectly to governmental and other public organisations. (8) � The advantages given to the employee by subsection (4) shall not be reduced by contract. 2012 (d) � one or more drawings or deposits of biological material where required; and (2) The application shall be subject to the payment of the prescribed application fee. (3) Where the applicant's ordinary residence or principal place of business is outside Sierra Leone, he shall be represented by an agent. (4) The request shall contain a petition to the effect that the patent be granted, and shall state the name of and other prescribed date concerning the applicant, the inventor and the agent, if any, and the title of the invention. 7