| Patent Act Article 8May 1, 2019 |
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Invention irrelevant to the performance of duties Where an invention, utility model or design made by an employee has no connection to the course of performing his/her duties, the right to apply for a patent and the patent right for such invention, utility model or design shall be vested in the employee. However, if such invention, utility model or design is made through the utilization of the employer's resources or experiences, the employer may, after paying the employee a reasonable remuneration, exploit the invention, utility model or design concerned in the enterprise. Upon completion of an invention, utility model or design which has no connection to the course of an employee’s performing his/her duties, the employee shall give the employer a written notice regarding such event, and shall also inform the employer of the creative process, if necessary. If the employer fails to raise any objection to the employee within six (6) months after receiving the employee's written notice under the preceding paragraph, the employer shall not claim that such invention, utility model or design was made by the said employee in the course of performing his/her duties. |
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