However, where the employer has failed to file the patent application within the
aforegoing period, the invention shall revert as of to right to the salaried employee.
The salaried employee must obtain a fair price which, failing an agreement between the
parties, shall be fixed by the court; the court shall take into consideration all elements which
may be given to it by the employer and by the salaried employee, to calculate the fair price
based on both the initial contributions of both parties and the industrial and commercial utility
of the invention.
(c) The salaried employee and the employer must communicate to each other all useful
information on the invention in question. They shall abstain from making any disclosure that
would be liable to compromise either entirely or in part the rights granted under this Title.
Any agreement between the salaried employee and his employer having as its subject an
invention of the salaried employee must be recorded in writing, on pain of invalidation.
19. If an industrial property title has been applied for, either for an invention unlawfully
taken from the inventor or his successors in title or in violation or a legal or treaty obligation,
the aggrieved party may apply to the court to claim ownership of the title granted.
The action claiming ownership shall be statute-barred after three years following the
date on which the title is entered in the National Register of Patents referred to in paragraph 1
of Article 58 below.
However, in the case of bad faith at the time of grant or acquisition of the title, the
statute-barring period shall be three years following the expiry of the title.
20. The inventor, whether or not he is a salaried employee, shall be referred to as such
in the patent. He may also oppose such a reference.
21. The invention may cover products, processes or any new application or a
combination of known means to arrive at a result that is unknown in relation to the state of the
art.
It may also cover pharmaceutical compositions, pharmaceutical products or remedies or
any kind, including the processes and apparatus used to obtain them.
22. Any new invention which involves an inventive step and is industrially applicable
may be patented.
23. The following shall not be considered inventions for the purposes of Article 22
above:
(1) discoveries, scientific theories and mathematical methods;
(2) esthetic creations;
(3) schemes, rules and methods for performing mental acts, playing games or doing
business, and computer programs;
(4) information presentations.
The provisions of this Article shall only preclude the patentability of the elements
enumerated in said provisions where the patent application or patent concerns only one of
these elements considered as such.
24. The following may not be patented:
(a) inventions, the publication or implementation of which would be contrary to public
order or morality;