Compensation of the Employee Works
Where an employer acquires the right in an invention made by an employee, the employee is entitled to reasonable compensation from the employer. The employee cannot give up his/her rights beforehand.
When determining the amount of the compensation, attention shall be paid to
the value of the invention
the scope of the right which the employer acquires,
the terms and conditions of the employment contract of the employee
the contribution which other circumstances connected with the employment had to the conception of the invention.
Employment relationship multiplier can be used in order to define the value of the invention. The multiplier can vary from 2 % to 100 %. The value is higher if the connection between the invention and the employment relationship is distant. The closer the connections, the smaller the amount. In other words, the employee has the right to receive bigger compensation for inventions that have distant connection to his/her work.
When evaluating the invention the financial benefit it offers to the employer must be taken in consideration. This, however, does not always work. Then it is possible to try to evaluate how much a license would be worth. Sometimes the only solution is to evaluate the value of the invention.
Often a so called standard compensation is paid. They are defined on the basis of the employer’s employment invention standing orders. The standing orders are an agreement that the employer and the employee have agreed to follow. It is not possible, however, to evade employee’s right to reasonable compensation with such an agreement.
The board of employment relationship inventions can give recommendations on proper compensation on the employer’s or the employee’s request.
The compensation matter can also be brought before the Market Court. The employee must proceed a compensation case within ten years of the taking of possession. Otherwise the right is forfeit. The suit can be done within a year of granting the patent.