Employee inventions are technical creations made by employees, whether within the scope of their employment contract or outside of it.
In France, regardless of the origin of the invention, an employee must make a written declaration to their employer. Depending on the circumstances surrounding the creation of the invention, French law provides who should own the invention in Article L611-7 of the Intellectual Property Code (CPI).
The article distinguishes three categories of inventions:
- “Inventions made in the course of employment”: These are inventions made by the employee during the execution of a work contract that includes an inventive mission corresponding to their actual duties or during studies and research explicitly assigned to them.
- “Inventions outside of employment that are attributable”: These are inventions made by the employee outside of their assigned duties but meet at least one of the following criteria:
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- The invention was made “in the course of performing their duties”.
- The invention falls within the “field of the company’s activities”.
- The invention was made “through knowledge or use of the company’s specific techniques, means, or data provided by the company”.
- “Inventions outside of employment that are not attributable”: These are inventions that do not result from the employee’s duties and do not meet the above three criteria.
Depending on the category to which the invention belongs, the rules regarding ownership of the invention are as follows:
- In the case of “inventions made in the course of employment”, the invention belongs to the company and the employee is entitled to additional compensation separate from their salary.
- In the case of “inventions outside of employment that are attributable”, the invention belongs to the employee, but the company has a right of attribution. If the company claims the invention, it must pay a fair price, essentially purchasing the invention.
- In the case of “inventions outside of employment that are not attributable”, the invention belongs to the employee and the company has no rights associated with it.