As some 90 of the inventions is the employees

Is it to the employer or the employee that is the property of a patentable invention within a company And how to evaluate the amount of the remuneration of this innovative activity These issues, that were once taboo in SMEs, arise today in terms of economic issues for the company. As some 90 of the inventions is the employees.

"Originally of inventive activity, there is often not a moral person, but a group of men and women who have worked together", said Christian Derambure, industrial property Council, a conference entitled "Innovations and creations of employees", organized by the European American Chamber of Commerce with the law firm Herbert Smith. Thus, in PSA Peugeot-Citroën, about half of the inventions are carried out in team. "The inventions of the employees are creative wealth, must therefore motivate candidates, recognizing them as inventors, even celebrate," said Christian Derambure.

The legal framework of employee's inventions is fixed by the Act, the employment contract, collective agreements. The intellectual property code distinguishes clearly three situations: If the contract of employment of the employee has an inventive mission, the invention as a result of this professional activity belongs exclusively to the employer. The inventor, it receives additional remuneration.

The case by case basis

Second situation: the employee, for example a commercial framework of society, has no search. It is always him that is the property of his invention, known as "due". However, if it has used the tools, techniques and business data for his discovery, the employer may be assign all or part of the rights to the invention. In return, he must pay the employee a "fair price". Finally, the invention off mission and instruments of the company unrelated belongs exclusively to the employee.

In practice, this scheme is a complex application. Disagreements on the scale for the classification of the invention and the remuneration payable to the employee are regularly brought before the courts. "The judges appreciate each situation on a case by case based on multiple criteria." "To fix the amount of additional remuneration on an invention of mission, they take into account the practical difficulties of the mission, the economic interest of the invention, the reputation of the employer and the fact that the employee has worked for innovation alone or in team", says Alexandra Neri, counsel to the law firm Herbert Smith. "In what respect the just price paying an"attributable invention", is the economic value of the invention which is the essential criterion of assessment", she said.

In all cases, pay for a mission invention cannot be established on the basis of a coefficient of salary. In the case of Raynaud on November 21, 2001, the Court of cassation had clearly established this principle. It had then attributed to the Director of innovation and foresight of Roussel Uclaf 609.000 euros extra pay. The invention, on a new therapeutic treatment of the prostate, was promised to a great success. This decision changed the State of mind of employees "There is often a gap between what is requested by employees and reality", said Laurent Mulatier, Secretary General of the National Commission of the inventions of the employees of the INPI.

Play the motivation

Chaired by a judge assisted by two professionals from the corporate world, this commission has objective balance employer and employees on the classification of inventions and the remuneration resulting disputes. "On average, the supplementary compensation granted to the employee after conciliation revolves around 10,000 euros", observes Laurent Mulatier.

In the end, the important isn't also stimulate inventions by motivating the employee Honorary practices may contribute efficiently. "We organize regularly a ceremony to celebrate the invention of the month in the presence of the inventors and their spouses", tells Francis Fernandez, head of the patent in PSA Peugeot-Citröen. "Any inventor also receives a bonus, which can reach 3,500 euros if the invention is an extension from abroad and she received a practical application," he said. This was the case of the system "stop and start", which cut the engine when the car stops. A policy of emulation which therefore has a positive impact on innovation.