Employee invention (outside the scope of employment)

The product invention hors mission se distingue de l’invention de mission en qu’elle est réalisée par le salarié hors du cadre d’une mission qui lui a été confiée par son contrat de travail. On distingue ces inventions selon qu’elle soit attribuable ou non attribuable à l’employeur.

Thus, the employer may be assigned an invention outside the scope of the assignment if it is made by the employee either in the performance of his duties, or in the course of the company's activities, or through the knowledge or use of techniques or means specific to the company, or even based on data provided by it. In this case, the employer has the right, subject to the conditions and time limits set by decree of the Council of State, to obtain the ownership or use of all or part of the rights.

The employer may only exercise his right to claim ownership of an invention on condition that he pays the employee a fair price.

A lawyer specializing in employee inventions may be called upon to assist either the employer or the inventor.