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Article 1371: Invention, useful model or industrial model created in the performance of the work under the contract

📅 Updated: 30.09.2026

1. The right to a patent and the exclusive right to an invention, a useful model or industrial model created in the execution of a contract or a contract for the performance of a scientific researcher The contractor(s), unless otherwise provided for in the contract between it and the employer, shall be responsible for any development or technological work that did not expressly provide for its creation. In such a case, the employer is entitled, unless the contract otherwise provides, to use the inventions thus created, a useful model or an industrial specimen for the purposes for which it was intended to achieve The key is the contract in question, subject to a simple (non-exclusive) licence for the duration of the patent, without payment of additional remuneration. The right to obtain a patent or to dispose of the patent itself to another owner retains the right to use an invention, a useful model or an industrial design on the basis of a specified model. 2. Where, under the contract between the contractor (implementer) and the employer, the right to obtain a patent or the exclusive right to an invention, a useful model or industry The original sample has been handed over to the employer or to a designated third party, the contractor (operator) has the right to use the invention, the useful model or the industrial sample for its own use for the moss. 3. The author of the invention referred to in paragraph 1 of this article has benefited from a simple (non-exclusive) licence for the duration of the patent, unless otherwise provided by the treaty. In accordance with article 1370, paragraph 4, of the present Code, remuneration is paid to an industrial model or model other than the patent holder.