Inventor

The inventor is, in law, the natural person or persons who conceived of an invention. invention. This fundamental principle distinguishes patent law from other branches of intellectual property, such as trademark law. An invention necessitates a technical creation, meeting criteria of novelty, inventive step, and industrial applicability.

In practice, this can be a researcher, an engineer, a technician, a scientist, or any other person making a decisive contribution to the design of a technical solution. The inventor, provided they are the originator of the invention, must be named in the patent application.

Salaried inventor: a specific system

The legal framework

Most often, the inventor acts within the framework of their professional activity. They are then an employee of a company, and their creations are subject to the’article L.611-7 of the Intellectual Property Code, which distinguishes three types of inventions:

• Mission inventions : carried out as part of the employee's duties. They belong to the employer.
• Off-mission attributable inventions : the employee retains ownership, but the employer can be assigned ownership.
• Out-of-scope inventions not attributable they remain the exclusive property of the inventor.

Inventor's remuneration

Even if the patent belongs to the company, the employee inventor is entitled to additional remuneration, provided that their invention is part of their role. This financial recognition serves to value the employee's intellectual contribution to research efforts.

Standard clauses are often included in employment contracts or collective agreements to set out the terms of this remuneration, but they can lead to disputes, which are settled by the competent courts.

The moral recognition of the inventor

Irrespective of patent ownership, the inventor has a moral right to be recognised as such. This obligation to be named in the patent application, unless expressly waived, contributes to the recognition of their contribution. In France, this recognition is particularly important for the careers of researchers and engineers involved in innovation.

Science and technology, in their human dimension, rely on individual creativity. Whether an invention comes from a public laboratory, a private establishment, or a start-up, The inventor's authorship remains legally protected.

The historical figures of the inventor

The figure of the inventor is central to the industrial and scientific evolution of recent centuries. In France, engineers like Joseph Cugnot in the 18th century, or inventors of the 20th century in the fields of mechanics, chemistry, or aeronautics, have left their mark on the history of invention.

Abroad, American inventors like Thomas Edison filed hundreds of patents that have become iconic. These examples illustrate the crucial role of inventions in the economic and social transformation of modern societies.

The company and the valuation of the invention

The company, whether public or private, is often the setting in which inventions emerge. It finances research projects, provides the technical means, and implements the processes for patent filing and exploitation.

To secure the relationship between the inventor and their employer, it is recommended to implement a clear policy for patent management and the governance of invention rights. This involves, in particular:

• to clearly define the scope of duties in employment contracts; ;
• to provide for internal procedures for invention disclosure; ;
• to ensure effective protection through filing with the INPI (France) or the EPO (Europe).

Comparative Law: Focus on the United States

American intellectual property law presents notable differences. In the United States, until 2013, the system was based on the principle of « First to invent«, which recognised the patent to the first inventor, not the first applicant. Since the America Invents Act, It is now the deposit that takes precedence, as in France.

Nevertheless, some recent decisions, such as the ruling Myriad Genetics, the limits of US patents were recalled, particularly for inventions relating to natural elements (e.g. genes). These legal precedents illustrate the ethical and economic debates surrounding the ownership of inventions.

In essence, the figure of the inventor, whether French, American, employed or self-employed, is at the heart of the industrial property system. The patent is a powerful legal instrument for protecting and valuing inventions, but it rests above all on a natural person, whose role must be recognised, remunerated, and secured.

French law, by framing the relationships between employer and inventor, guarantees research freedom, talent development, and the security of innovations within the company. This is an essential condition for France's technological dynamism and competitiveness in the global knowledge economy.