c) If 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if priority is claimed, the earliest priority date shall have the right to the patent, provided such application is not withdrawn, abandoned or rejected. To this effect, the Director General shall take into account the matter claimed in the respective application. d) The right to a patent may be assigned, and may be transferred by succession. e) Where an invention is made under 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. If the economic gains obtained by the employer from the commercial exploitation of that invention rise above the reasonable expectations of gain that the employer had from his employee‟s inventive output at the time he hired him, the employee shall be entitled to an equitable remuneration. f) Where an invention is made by an employee outside an employment contract, but in making that invention the employee used materials, data or know-how of the employer, the right to the patent shall belong, in the absence of contractual provisions to the contrary, to the employer. The employee shall be entitled to an equitable remuneration equivalent to one third of the economic gains obtained by the employer from the commercial exploitation of the invention. g) Any invention claimed in a patent application filed by a former employee within one year following the expiry of his employment, where the invention falls within the scope of the former employer‟s main line of business, shall be presumed to have been made during the employment relationship, unless the employee produces evidence to the contrary. h) 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 section shall be without legal effect. i) The inventor shall be named as such in the patent, unless he indicates to the Director General in writing that he wishes not to be named. Any promise or undertaking by the inventor made to the effect that he will make such a declaration shall be without legal effect. §13.5. Application for a Patent a) The application for a patent shall be filed with the Registrar and shall contain a request, a description, one or more claims, one or more drawings (where required), and an abstract, as prescribed in the Regulations. It shall be subject to the payment of the prescribed fee. b) The request shall contain a petition to the effect that a patent be granted, the name of and other prescribed data concerning the applicant, the inventor and the agent, if any, and the title of the invention. c) Where the applicant is not the inventor, the request shall include a statement justifying the applicant's right to the patent. 68