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See the copyright notice Conditions of use .
The presentation of the Minister for Trade and Industry is governed by the Law of 29 December 1967 on the right to inventions by an employee (656/67) Pursuant to:
When the rights to the invention of an employee are the right of the worker's inventions (656/2015) (hereinafter referred to as the Employment Association Act), which has been transferred to the employer and intends to apply for a patent for the invention, shall sign the transfer book on the transfer of rights and any other documents necessary for the patenting of the invention, Except when the employee considers that the rights to the invention he made have not been transferred to the employer.
The signature of the documents referred to in paragraph 1 shall not affect the amount of the compensation to be paid to the worker.
An employee is entitled to a fair remuneration within the meaning of Article 7 (1) of the Employment Association Act when the employer is entitled to acquire rights under the law.
If the employer and the employee agree to relinquate the rights to an employee, the return of rights must be taken into account as a demerger.
Article 7 (2) of the Employment Association Act refers to an invention of the economic value of an invention. When determining the value, account shall also be taken of the overall economic impact when an invention constitutes only a part of a larger whole. Account must also be taken of the value of the invention, both in terms of the employer's and the company belonging to the same group, and the benefit of the transfer of rights. (19/122000/1218)
The value of the invention shall be determined on the basis of the economic benefit to be measured by the employer as regards the introduction of an invention, such as the raw materials, labour or energy savings generated by the invention. This benefit is calculated by deducting from the profits generated by the introduction of an invention the costs of investment, research, experimentation, patenting and other costs that have been necessary for the invention of the invention - Or in order to complete the sale.
Where the criterion for the quality and use of the invention or any other specific reason mentioned in paragraph 2 is not appropriate, the value shall be determined by comparison with the licence agreements. The value of the invention shall then be determined on the basis of the licence fee in which the employer could acquire the right to an equivalent free invention. In the case of a licence agreement, when the invention is released, the value of the invention shall be regarded as net income in accordance with the Agreement. If the licence agreement also sells other non-intellectual property rights, such as know-how, the share of other factors included in the sale shall be deducted from the price when determining the value of the invention.
Where the criteria mentioned in paragraphs 2 or 3 cannot be used, the value of the invention shall be determined on the basis of the assessment.
The scope of the right of the employer, cited in Article 7 (2) of the Employment Association Act, covers the rights acquired by the employer under Article 4 of the Act.
In the assessment of the relevance of the terms and conditions of the employment contract referred to in Article 7 (2) of the Employment Association Act and other factors related to the employment relationship, attention must be paid to the way in which the task is set and resolved, such as: In the same way, the technology and equipment of the employer have been exploited, as is the role of the inventor and the working conditions and duties of the employer.
The fair compensation shall constitute a part of the invention which shall be determined by the elements set out in Articles 4 and 5 above.
The reasonable compensation shall be determined in such a way that it is made up of a lump sum and partly of royalties.
However, where the economic importance of the invention is limited, the compensation may, however, be determined as a lump sum if the invention is not used or for other specific reasons. Also, where the invention of an invention has been clearly part of the worker's actual duties and the value of the invention is low, or where it is not possible to identify the sales price for which a royalty could be calculated, the compensation may be determined as a lump sum.
The royalties referred to in Article 7 shall be determined as a percentage of the price of the products manufactured by the invention or the method of the invention. When the product forms part of the total product marketed, the royalties may be determined as a percentage of the price of the whole product, but when determining its size, attention must be paid to the contribution of the invention.
The royalties shall be paid for the period during which the invention is used, for a maximum period of 20 years.
This Regulation shall enter into force on 1 October 1988.
This Regulation shall enter into force on 1 January 2001.
