We are experienced in assisting both companies and employees in employee invention assignments. An employee invention is an invention that is patentable in Finland and made by an employee during and in connection with the employment relationship. Employee inventions can play a key role in a company’s business. Therefore, it is beneficial to pay attention to the proper management of employee inventions.
Considerations for employee inventions: key factors to consider
As a rule, the employer is entitled to claim ownership at least some of the rights of the invention, but the employer is also obliged to provide the employee who created the invention with reasonable compensation. The scope of the employer’s rights is affected by the type of the invention and its connection with the employee’s employment relationship and the employee’s industry. The Act on the Right in Employee Inventions regulates the conditions under which an employer may claim rights to an invention. Some of the provisions of the Employee Inventions Act are discretionary, meaning that the parties may agree on the subject matter, for example by drawing up an employee invention policy for the company. This is often beneficial for the effective management of the rights.
However, it is important to note that some of the provisions of the Employee Inventions Act are mandatory and non-compliance of the provisions can lead to a loss of the rights. For example, the provisions governing the right of the inventor to the reasonable compensation are mandatory provisions. Additionally, the employer must ensure that the rights to the invention are assigned from the employee to the employer. Utilizing a company-specific employee invention policy alongside invention disclosure forms helps facilitate the timely transfer of rights from the employee to the employer. A company-specific employee invention policy also helps to ensure that the rights are transferred to the right organization, which is important particularly when the question is about a multinational company. Usually, it is also beneficial to draw up a company-specific employee invention compensation policy that defines the criteria for calculating the amount of reasonable compensation.
Customized, cost-effective solutions – meeting your unique needs
We provide comprehensive advice to companies in effectively managing employee inventions and mitigating disputes arising from employment-related intellectual property matters.
Additionally, we have assisted several inventors in employee invention matters. We represent both companies and individual inventors and employees in employee invention disputes.
Our areas of expertise in employee invention matters include:
- dispute resolution in relation to employee inventions
- employee invention policies and employee invention compensation policies, employee invention disclosure forms, assignments, and employee agreements
- employee invention policies and employee invention compensation policies in an international context
- legal research in international context
We also provide training in the employee inventions.
We represent our clients with strong experience in disputes related to employee inventions in:
- Employee Invention Committee
- Market Court
- Supreme Court
