| Patent Act Article 7May 1, 2019 |
|---|
Invention made in the performance of duties Where an invention, a utility model or a design is made by an employee in the course of performing his/her duties, the right to apply for a patent and the patent right thereof shall be vested in his/her employer and the employer shall pay the employee reasonable remuneration; where there is an agreement providing otherwise, such agreement shall prevail. The so-called 'an invention, a utility model or a design made by an employee in the course of performing his/her duties' as set forth in the preceding paragraph shall mean the invention, utility model, or design completed by an employee in the course of performing his/her duties during the period of employment. Where a fund provider appoints another party to conduct research and development, the ownership of the right to apply for a patent and the patent right in connection with the outcome of such research and development shall be vested in the party as mutually agreed upon in an agreement between both parties, or such rights shall be vested in the inventor, utility model creator or designer in the absence of such agreement. However, the fund provider shall be entitled to exploit such invention, utility model or design. Where the ownership of the right to apply for a patent and the patent right are vested in the employer or the fund provider pursuant to Paragraph 1 or the preceding paragraph, the inventor, utility model creator or designer concerned shall be entitled to a right to have his/her name shown as such. |
Instructions: Separate keywords by " " or "&"
Provided by Kingdoms Law