Employee invention made in the course of duties (invention de mission)

The invention de mission (service invention) is the first of the three categories ofemployee invention provided for in Article L. 611-7 of the Intellectual Property Code. It is made by the employee in the performance either of an employment contract including an inventive mission corresponding to his or her actual duties, or of studies and research explicitly entrusted to him or her.

Who owns the service invention

The service invention belongs to the employer from the moment it is made. The employee does not have to assign it and the employer does not have to acquire it. The patent is filed in the name of the company, with the employee named as inventor. This rule explains the importance of the definition of duties in the employment contract and in job descriptions. An inventive mission that is not established shifts the invention into the category of non-service inventions, with a very different regime of attribution and price.

The inventive mission and actual duties

The inventive mission is assessed in the light of the duties actually performed, not of the job title alone. A research engineer, a developer assigned to a project, a technician tasked with improving a process may be entrusted with an inventive mission. Conversely, an employee whose duties are commercial or administrative is not, even if his or her invention benefits the company. Proof of the mission rests on the contract, its amendments, mission orders and internal exchanges.

Additional remuneration

The employee who makes a service invention is entitled to additional remuneration. This remuneration is a matter of public policy. A clause that removed it would have no effect. Its amount and terms are set by collective agreements, company agreements and individual contracts. Where those instruments are silent or insufficient, the court or the National Commission for Employee Inventions sets the remuneration according to the economic interest of the invention and the employee's contribution. The limitation period for the action is a frequently debated point, the starting point depending on the employee's knowledge of the elements enabling the claim to be quantified.

The firm advises companies on the drafting of clauses and invention policies, and litigates claims for additional remuneration for claimants and defendants alike. See the page employee inventions attorney and the entry inventor.

See also: invention declaration, additional remuneration, fair price, CNIS and our page employee inventions attorney.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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