TIPS^®  Taiwan Intellectual Property Special

Invention made within the scope of employment

An "invention made within the scope of employment" means that the invention is completed by the employee in performing his/her job duty during the period of the employment. Article 7 of Taiwan Patent Law provides that where an invention is made by an employee within the scope of employment, the right to apply for patent and the patent right thereof shall be vested on the employer, and the employer shall pay the employee a reasonable remuneration. However, if there is any special agreement between the employee and employer with respect to the ownership and remuneration, the agreement governs.

As Article 7 of Taiwan Patent Law stipulates the ownership of the right to apply for patent, as well as the patent right acquired thereof, this provision is applicable even before the patent is issued. If the employer keeps the invention as know-how, the provisions of Patent Law will not apply, nor will the reasonable remuneration provision under the Patent Law. There is no other law provides reasonable remuneration to the employee with respect to invention. However, the ownership of the invention may not be vested on the employer under such circumstances.