Patents: fair compensation for non-remunerated inventions ex art. 64 C.P.I.; The Milan Court of Appeal confirms employer’s duty also in the case it has not patented the employee’s invention, but it has transferred it to a third party.

The decision n. 3165/2018 has been published on 27 June 2018 in a proceedings in which an inventor employee has been assisted by Studio Legale Sena e Tarchini against the employer company belonging to a multinational group.

It has confirmed that the employer company must reward the employee inventor with a fair compensation also when the invention has been patented by another company of the group.

Confirming the valuable decision issued by the Judges in the first instance, the Court’s decision is exhaustive and well structured; it deals with the main issues concerning employees and inventions.

The involved interest is very relevant, since the subject of the patent has a strategic importance in the sector of chemical products.