Judicial and legislative approaches to employee patent rights in France

Abstract

This article examines the evolving landscape of employee patent rights in France, focusing on both judicial and legislative approaches. It highlights the challenges posed by intellectual property creation within legal frameworks that lack clear provisions for ownership. The article explores the changing nature of employee patent rights in France through the lens of case law and legislative amendments. It emphasizes the importance of judicial practice in addressing legislative gaps and providing clarity on various aspects of employee patent rights, including ownership, remuneration, formal procedures, and dispute resolution. Drawing comparisons with the German system, the article underscores the role of case law as a critical source of law in shaping the legal framework for employee patent rights. It concludes by highlighting the significance of ensuring inventors’ rights and fair compensation to foster innovation.