4. Characterize a non-attributable off-mission invention
If the invention does not fall into any of the above categories, it is a non-missionable invention.
This type of invention belongs to the employee (as inventor). It can be freely exploited and transferred by the employee. The employer has no legal right of attribution.
In the event of disagreement between the employee-inventor and the employer as to the classification of the invention, it is possible to refer the matter to the Commission nationale des inventions de salariés (article L. 615-21 of Code de la propriété intellectuelle ) or to the TGI de Paris (see Employee inventions:...
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Characterize a non-attributable off-mission invention
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J. Passa, Droit de la propriété industrielle , Tome 2, ed. LGDJ, June 2013
Alain Bensoussan, "Informatique, télécoms, internet", ed. Francis Lefebvre, 6 e ed., 2017
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