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Article R611-6 of the French Intellectual Property Code

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…

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Article R611-7 of the French Intellectual Property Code

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…

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Article R611-8 of the French Intellectual Property Code

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…

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Article R611-9 of the French Intellectual Property Code

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…

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Article R611-10 of the French Intellectual Property Code

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…

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Article R611-11 of the French Intellectual Property Code

The civil servants and public employees of the State, public authorities, public establishments and any legal person governed by public law are subject to the provisions of Article L. 611-7 under the conditions set out in this sub-section, unless more favourable contractual stipulations govern the industrial property rights of the inventions they make. These provisions shall not prevent more favourable regulatory measures from being maintained or introduced in respect of…

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Article R611-12 of the French Intellectual Property Code

1. Inventions made by civil servants or public employees in the performance either of tasks involving an inventive mission corresponding to their duties, or of studies or research explicitly entrusted to them, belong to the public person on whose behalf they carry out the said tasks, studies or research. However, if the public entity decides not to proceed with the exploitation of the invention, the civil servant or public agent…

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Article R611-14 of the French Intellectual Property Code

A civil servant or public employee who is the author of an invention shall immediately make a declaration thereof to the authority empowered by the public person to which he reports. The provisions of articles R. 611-1 to R. 611-10 relating to the obligations of employees and employers are applicable to civil servants, public officials and interested public persons.

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Article R611-14-1 of the French Intellectual Property Code

I.-For civil servants or public employees of the State and its public establishments falling within the categories defined in the appendix to this article and who are the authors of an invention mentioned in 1 of article R. 611-12, the additional remuneration provided for in article L. 611-7 is made up of a profit-sharing bonus on the products derived from the invention by the public person who is the beneficiary…

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Article Annexe art. R611-14-1 of the French Intellectual Property Code

National education, higher education and research. Corporations of civil servants: -Researchers, engineers, assistant engineers and research technicians governed by decree no. 83-1260 of 30 December 1983 as amended. -Research teachers governed by decree no. 84-431 of 6 June 1984 as amended and research teachers belonging to specific bodies listed in the appendix to the said decree. -Engineers, assistant engineers and research and training technicians governed by decree no. 85-1534 of…

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