Applicant's right to invention
The right to an invention means to permit a legal owner to decide its fate, namely, to file a patent application or to keep it secret, or to assign the right to the invention. This right belongs to the author of the invention. However, if it is an employee’s invention, the right to it belongs to the employer. In this case, the employee has the right to remuneration based on the contract with the employer. If these are R&D contracts, an agreement defines whether the right to invention belongs to a customer or a performer. If it is a government contract, a performer or a state has the right to the invention, as the government contract defines it. When patenting the invention, the applicant determines a patentee
Keywords: author, inventor, employer, employee's invention, government contract, applicant, patentee
References
- Yu. I. Buch. Utility model as alternative to invention for legal protection of technical solutions//Innovations. 2020. № 4. P. 73.
- The Civil Code of the Russian Federation. Part 4. № 230-FZ of December 18, 2006.
- Resolution of the Government of the Russian Federation of June 4, 2014 № 512 «On approval of the Rules for the payment of remuneration for employee's inventions, employee'sutility models, employee's industrial designs».
- Resolution of the Government of the Russian Federation of March 18, 2020 № 296 «About disable some acts and separate provisions of some acts of the Government of the Russian Federation…».
- Rospatent: A project on «employee's inventions» will be submitted to the State Duma in 2020. https://rospatent.gov.ru/ru/news/ria-novosti-04122019-sluzhebnyeizobreteniya.
