Employee invention disclosure

The invention declaration is the act by which the employee who is the author of an invention immediately informs their employer, so as to allow the invention to be classified and each party to exercise its rights. It is provided for by Article L. 611-7 of the Intellectual Property Code and organised by Articles R. 611-1 et seq., which can be consulted on Légifrance. The invention declaration starts the periods within which the employer must take a position, which makes it a decisive document in case of dispute.

The content of the invention declaration

First, the declaration describes the invention: its object, the applications envisaged, the circumstances of its making, in particular the instructions received, the company’s experiments or work used and the collaborations obtained. Next, it proposes a classification: service invention, attributable non-service invention or non-attributable non-service invention. Finally, where the invention is presented as a service invention or an attributable non-service invention, the description must be sufficient to allow the employer to assess the classification and, where appropriate, to file a patent application. The declaration is made in writing, against acknowledgement of receipt, or according to the procedure in place in the company.

The employer’s response periods

The employer has two months from receipt of the declaration to contest the classification proposed by the employee. Failing this, the classification is deemed accepted. For an attributable non-service invention, the employer has four months from receipt of the complete declaration to exercise its right of attribution, specifying whether it claims ownership or enjoyment of the invention. After this period, the invention remains the employee’s property. The periods may be suspended by a request for additional information or by mutual agreement.

Key points

In practice, the invention declaration is often neglected or replaced by informal exchanges, which creates uncertainty as to ownership and the starting point of the periods. The employer has an interest in setting up an internal declaration and classification procedure, coordinated with its additional remuneration et de fair pricepolicy. The employee has an interest in declaring in writing and keeping proof of receipt. Since an ordinance of December 2021, a similar regime applies to inventions made by non-employees hosted by the company, such as interns. The firm assists employers and inventors, as presented on the page employee inventions lawyer.