Dominican Intellectual Property has several rules regarding the creator and the owner, in general circumstances they are one of the same. However, ownership rules may vary according to type of intellectual property. On this post we will focus on patent ownership.
There are two main scenarios:
- Contract execution
When a person is contracted to invent, the right to the patent for that invention belongs to the person who contracted the project or service or to the employer (unless contracted otherwise). Nevertheless, the inventor has the right to a special remuneration when the invention has an economic value much greater than that which the parties could reasonably have foreseen at the time of signing the contract.
- Non-inventor employee
When an employee not contracted to carry out inventive activities makes an invention through the use of data or means to which he/she has access by reason of his or her employment, he/she shall immediately communicate this fact to his or her employer in writing. From this notification two things may happen:
- The owner is the employer: If within two months of the date on which the employer received said communication or had knowledge of the invention by some other means (earlier date being applicable), the employer notifies the employee in writing of his/her interest in the invention, the same shall belong to the employer and the right to the patent shall be deemed to have belonged to the employer from the beginning.
- The owner is the employee: If the employer fails to notify within the established time limit, the right to the patent shall belong to the employee.