Book VI: Protection of inventions and technical knowledge

The employee who is the author of an invention shall immediately make a declaration thereof to the employer. In the event of more than one inventor, a joint declaration may be made by all the inventors or by some of them only.

The declaration shall contain the information, in the employee’s possession, sufficient to enable the employer to assess the classification of the invention in one of the categories provided for in paragraphs 1 and 2 of Article L. 611-7. This information concerns: 1° The purpose of the invention and the applications envisaged; 2° The circumstances in which it was made, for example: instructions or directives received, experience or work of the…

Where the classification implies the opening in favour of the employer of the right of attribution, the declaration shall be accompanied by a description of the invention. This description sets out: 1° The problem posed by the employee, possibly taking into account the state of the art; 2° The solution he has provided; 3° At least one example of the realisation, possibly accompanied by drawings.

If, contrary to the classification of the invention resulting from the employee’s declaration, the employer’s right of attribution is subsequently recognised, the employee, where applicable, shall immediately supplement his declaration with the information provided for in Article R. 611-3.

If the employee’s declaration does not comply with the provisions of Article R. 611-2 (1° and 2°) or, where applicable, of Article R. 611-3, the employer shall inform the person concerned of the specific points on which it must be completed. This communication shall be made within two months of the date of receipt of the declaration. Failing this, the declaration is deemed to be compliant.

Within a period of two months, the employer shall give its agreement to the classification of the invention resulting from the employee’s declaration or, in the event that the classification is not indicated, shall inform the employee, by means of a reasoned communication, of the classification that it retains. The two-month period runs from the date of receipt by the employer of the employee’s declaration containing the information provided for…

The period open to the employer to claim the right of attribution is four months, unless otherwise agreed between the parties which can only be subsequent to the declaration of the invention. This period runs from the date of receipt by the employer of the declaration of the invention containing the indications provided for in articles R. 611-2 (1° and 2°) and R. 611-3 or, in the event of a…

The time limits provided for in articles R. 611-5 to R. 611-7 are suspended by the commencement of litigation concerning the regularity of the declaration or the validity of the classification of the invention invoked by the employee, or by the referral, for the same purposes, of the conciliation commission provided for in Article L. 615-21. Time limits continue to run from the day on which a final decision is…

Any declaration or communication emanating from the employee or the employer shall be made by registered letter with acknowledgement of receipt or by any other means which provides proof that it has been received by the other party. The declaration provided for in Article R. 611-1 may result from the transmission by the National Institute of Industrial Property to the employer, in accordance with the procedures laid down by order…

The employee and the employer shall refrain from any disclosure of the invention as long as a disagreement remains as to its classification or as long as it has not been decided. If one of the parties, in order to preserve its rights, files a patent application, it shall notify a copy of the filing documents to the other party without delay. It shall exhaust the options offered by the…