SECTION 2: PATENT OWNERSHIP Article 19: right to patent The right to a patent shall belong to the inventor. The right to the patent is a personal property and may be transferred or assigned by means of succession. The right to the patent may be subject to security or mortgaged. Article 20: Invention made by several persons; first applicant principle Where two or more persons have jointly made an invention, the right to the patent shall belong to them jointly. Where the invention has been carried out by two or more persons, the use of the patented invention by one of the owners shall not require the agreement of the other owners. However, the owners may only conclude jointly license agreements relating to the patent. Particularly, where two or more persons have carried out the same invention independently of each other, the right to the patent shall belong to the person whose filing date or, where priority is claimed, the validly claimed priority date, is the oldest, as long as said application has not been withdrawn, abandoned or rejected. The establishment of the right of preference shall be based on the matter claimed in the application. Article 21: Invention carried out as part of an employment contract If the invention has been carried out as part of an employment contract, the right to the patent for this invention shall belong to the employer, unless otherwise stipulated in the contract. Where an invention has an economic value that is much higher than that which the parties could reasonably foresee at the time the contract is concluded, the inventor shall be entitled to equitable remuneration taking into account the value of his invention. Where an employee who is not obliged by his employment contract to carry out an inventive activity produces, in his employer’s field of activities, an invention by using the data, or means and know-how available to him through his employment, the right to the patent for this invention shall belong to the employee. Nevertheless, in the case the employer makes known his interest in that invention, he may request for the grant of all or part of the right to the patent protecting the invention of the employee in accordance with the agreement between the parties. Where there is no agreement between the employee and the employer, according to paragraph (2) and (3) of this article, the remuneration shall be fixed by the competent tribunal. Any contractual provision that is less favourable to the employee than these provisions shall be invalid. Any anticipated promise or undertaking by the inventor made to his employer to the effect that he will waive any remuneration he is entitled to under this article shall be without legal effect.

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