25/01/2022
Expected clarifications regarding the assignment of the right to the patent held by the employer on a mission invention
In a second decision of January 5, 2022, the French Supreme Court proceeds with the clarifications made necessary by its previous decision of January 31, 2018 in the same case.
Indeed, it confirms that the patent right, held by an employer on a patentable (and not yet patented) mission invention made by one of its inventor employee, can be freely assigned to a third party.
The latter, as legitimate successor of the employer first holder of the patent right, can oppose such a regime to its inventor, to defeat his patent ownership claims.
