Article 62: Invention of utility model carried out as part of an employment contract
If the invention of utility model has been carried out as part of an employment contract, the
right to the patent of utility model for this invention shall belong to the employer, unless
otherwise stipulated in the contract.
Where an invention of utility model 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, means
or know-how available to him through his employment, the right to the patent of utility model
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 favorable 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.
The provisions of this article shall apply to public civil servants as well as to persons whose
services are hired in accordance with the Code of Civil, Administrative and Commercial
procedures of Rwanda.
Article 63: Naming the inventor
The inventor shall be named as such in the patent of utility model unless, in a special written
declaration addressed to the empowered authority, he indicates that he wish not to be named.
Any promise or undertaking to make such a declaration, made with regard to any person by
the inventor, shall have no legal effect.
SECTION 3: UTILITY MODEL CERTIFICATE APPLICATION
Article 64: Filing the application
Patent of utility model application shall be filed with the empowered authority. The
application shall contain:
1° a request for the grant of a patent of utility model;
2° a description of the invention;
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