Act 3 Industrial Property Act 2014 (4) In the circumstances referred to in subsection (3), the employee has a right to equitable remuneration taking into account his or her salary, the importance of the invention and any benefit derived from the invention by the employer. (5) In the absence of an agreement between the parties, the court shall fix the remuneration. (6) An invention made without any relation to an employment or contract of service and without the use of the employer’s resources, data, means, materials, installations or equipment belongs solely to the employee or the person commissioned. (7) This section, where relevant, applies directly or indirectly to government department or an agency of government or a similar organisation. 20. Naming of inventor. (1) The inventor shall be named as inventor in the patent application and in the patent unless in a special written declaration addressed to the registrar, he or she indicates that he or she wishes not to be named. (2) A promise or an undertaking by the inventor made to any person to the effect that he or she will make the declaration referred to in subsection (1) has no legal effect. (3) Where two or more persons have made the same invention independently of each other, the person whose application has the earliest filing date or, if priority is claimed, the earliest validly claimed priority date shall have the right to the certificate, as long as the application is not withdrawn, abandoned or rejected. (4) In order to establish the right of preference the registrar shall take into account the matter claimed in the applications. (5) Where an invention is made in execution of an employment contract the purpose of which is to invent, the right to the patent shall belong, in the absence of contractual provisions to the contrary, to the employer. 23