CABINET CHAILLOT Industrial Property Attorneys in France
Professional Representative before the EPO
Professional Representative before the OHIM

France: Colombes | La Roche-sur-Yon | Dijon
 
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Other Legal Aspects of the French Patent Law

  • The inventions made by salaried persons

  • The legislation is that of Article L.611-7 : the first question is to know whether the invention is a mission invention ; in the negative, the invention is a non-mission invention and the question is to know whether the employer is entitled to have assigned to him the ownership or enjoyment of all or some of the rights in the patent protecting his employee's invention.

    The declaration of invention which must be done by the salaried person to his employer is governed by Articles R.611-1 to R.611-10.

    The conditions which can be applied to Officials and Public Servants are governed by Articles R-611-11 to R.611-14-1.

    In case of dispute between the parties, said dispute may be submitted to a joint conciliation board (employers, employees) (Art. L.615-21 and R.615-6 to R.615-31) or before the First Instance Court (Art. L.615-17, Art. R.631-1).



  • The legal joint ownership of patents

  • It is governed by Articles L.613-29 to L.613-32 of the Code and applies if no joint ownership contract or agreement (solution to be preferred as a rule) has been established.