Article 11
Right to the Patent: Employee Inventions
(1) Subject to the legal provisions governing contracts for performing a certain work
and employment contracts, and in the absence of contractual provisions to the contrary, the
right to a patent for an invention made under such a contract shall belong to the person who
commissioned the work or to the employer.
(2) The same provision shall apply where an employment contract does not require the
employee to exercise any inventive activity, but where the employee has made the invention
using data or means available to him on account of his employment.
(3) In the circumstances provided for in paragraph (2) above, the employee who has
made the invention shall have a right to remuneration reflecting the importance of the
patented invention, which remuneration shall be fixed by the court in the absence of
agreement between the parties. In the circumstances provided for in paragraph (1) above, the
said employee shall have a similar right if the invention is of very exceptional importance.
(4) The provisions of this Article shall likewise be applicable to employees of the State,
public associations and any other corporate entity under public law in the absence of specific
provisions to the contrary.
(5) Where the employer expressly renounces his right to the patent, that right shall
belong to the inventor.
(6) The provisions of paragraph (3) above are a matter of public policy.
Article 12
Conversion of a Patent Application
into a Utility Model Application
Any patent application that fulfills the conditions specified in Annex II concerning
utility models may be converted into an application for a utility model; in such cases the
patent application shall be deemed to have been withdrawn and the Organization shall enter a
“withdrawn” notice in the Register of Patents.
Article 13
Right of Foreigners to Patents
Foreigners may obtain patents on the conditions specified in this Annex.
TITLE II
FORMALITIES CONCERNING
THE GRANT OF PATENTS
AND CERTIFICATES OF ADDITION
Section I
Applications for Patents
Article 14
Filing of the Application
(1) Any person wishing to obtain a patent for an invention shall file with the
Organization or with the Ministry responsible for industrial property, or send to it by
registered mail with a request for acknowledgement of receipt,