Considerations Regarding Inventor Assignments And Employment Relationships

According to the new Federal Law for the Protection of Industrial Property (IP Law), which will enter in force in November 5, 2020, the right to apply for and be granted a patent belongs to the inventor, i.e. the natural person performing the invention, utility model, industrial design or circuit diagram. The right to be named as an inventor is inalienable.

If the invention is created jointly by two or more inventors, the right to the patent will belong to all of them. In turn, if the same invention is created independently by two or more inventors, then the first inventor to file the application or the inventor claiming the earliest priority will have a better right to be granted the patent, as long as the application is not withdrawn, abandoned or refused.