Section 2: Right to title

The right to the industrial property title mentioned in Article L. 611-1 belongs to the inventor or his successor in title. If several people have made the invention independently of each other, the right to the industrial property title belongs to the one who can prove the earliest filing date. In proceedings before the Director of the National Institute of Industrial Property, the applicant is deemed to have the right…

If the inventor is an employee, the right to the industrial property title, in the absence of a contractual stipulation more favourable to the employee, is defined according to the following provisions: 1. Inventions made by the employee in the performance either of an employment contract including an inventive mission corresponding to his actual duties, or of studies and research explicitly entrusted to him, belong to the employer. The employer…

Where the inventor is a natural person who is not covered by Article L. 611-7 and who is hosted under an agreement by a public or private legal person carrying out research, the right to the industrial property title relating to the invention made by that inventor shall, in the absence of a more favourable stipulation for the latter, be defined in accordance with the following provisions: Inventions made by…

If an industrial property title has been applied for either for an invention taken from the inventor or his successors in title, or in breach of a legal or contractual obligation, the injured party may claim ownership of the application or the title issued. The claim action is barred after five years from the publication of the issue of the industrial property title. However, in the event of bad faith…

The inventor, whether employed or not, is mentioned as such in the patent; he may also object to this mention.