If an employee claims remuneration in return for the employer's acquisition of rights to an invention, the employer must carefully consider the following three questions for the invention in question.
Consequently, employers should have procedures in place to ensure that the three questions set out above are addressed and considered for new inventions. Employers may in some cases be obliged to provide additional remuneration to an employee, even though the employee is not entitled to such remuneration under the employment agreement. Although the assessments must be conducted specifically for each invention, invention incentive programs with pre-agreed amounts of remuneration per invention may prevent claims for further rremuneration by employees.
We regularly advise our clients on how to compensate employees for the transfer of rights to inventions to the employer.