3. Characterize a non-assignable invention

In other words, if the invention is not a direct result of the duties performed, it would not have been made if the employee had not been an employee of the company. In other words, if the invention is not the direct result of the duties performed, it would not have been made if the employee had not been an employee of the company.

While these inventions "belong" in principle to the employee, the employer may decide, at his own discretion, to assign them to himself. In this respect, the fact that the employer takes the initiative of filing a patent application is tantamount to an attribution decision ( CA Paris 23-10-1996 ). If the application is filed by the employee, the employer remains free to assign ownership or enjoyment of...