Section 2: Right to title

Where the inventor is a natural person who is not covered by Article L. 611-7 and who is hosted under an agreement by a public or private legal person carrying out research, the right to the industrial property title relating to the invention made by that inventor shall, in the absence of a more favourable stipulation for the latter, be defined in accordance with the following provisions:

Inventions made by that inventor in the performance either of an agreement including an inventive task which corresponds to his actual duties, or of studies and research explicitly entrusted to him, belong to the legal person carrying out the research. 1° Inventions made by this inventor in the performance either of an agreement including an inventive mission which corresponds to his actual missions, or of studies and research which are explicitly entrusted to him, belong to the legal entity carrying out the research which hosts him. The latter shall inform the natural person who is the author of such an invention when an application for an industrial property title is filed and, where applicable, when the title is granted. Any dispute relating to the financial compensation to be paid to the inventor shall be submitted to the conciliation commission instituted by article L. 615-21 or to the law court;

2° All other inventions made belong to this inventor. However, for the duration of its hosting, the legal entity carrying out the research has the right to be granted ownership or enjoyment of all or part of the rights attached to the patent protecting the invention made by the natural person:

either a) either in the performance of its missions and activities;

> or b) in the field of activities entrusted to it by that legal person;

> or c) or through the knowledge or use of techniques or means specific to that legal entity, or of data provided by it;

The inventor must obtain a licence for the invention. The inventor must obtain a fair price which, in the absence of agreement between the parties, is set by the conciliation commission instituted by article L. 615-21 or by the court. 3° The inventor informs the host legal entity carrying out the research. The latter acknowledges receipt of the notification in accordance with the procedures and time limits laid down by regulation;

Both parties must provide each other with all useful information on the invention in question. They shall refrain from any disclosure likely to compromise in whole or in part the exercise of the rights conferred by this Book. Any agreement between them relating to the invention made by the natural person must, on pain of nullity, be recorded in writing. 4° The terms and conditions for the application of this Article, in particular the conditions under which the natural person who is the author of an invention made in accordance with the provisions mentioned in 1° shall benefit from financial consideration and under which the legal entity carrying out the research which hosts the natural person may be granted ownership or enjoyment of all or part of the rights attached to the patent protecting the invention in accordance with the provisions mentioned in 2°, shall be laid down by decree in the Conseil d'Etat.

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