Patents: the Italian Supreme Court on fair premium for employees’ inventions

On 9 April 2014, the Supreme Court issued a decision in a case brought by an employee against his employer where he sought the payment of a fair premium for an invention he created during his employment relationship.

Under Italian law, employees’ inventions are regulated under article 64 of Legislative Decree no. 30 of 2005. Said rule is primarily aimed at defining the ownership status of said inventions. The allocation of rights between the employer and the employee depends mainly on two circumstances: (i) if the inventive activity falls within employees’ tasks; and (ii) if the employee receives a compensation for such inventive activity…

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