I filed a patent without waiting for the response to my employer's classification proposal, what are my rights?

Any employee invention must be notified by a declaration to the employer, who has a period of two months to agree to the classification provided for in the declaration (mission inventions, excluding assignable missions and non-attributable missions) . If the employer has not decided within this period, the classification is then presumed to have been accepted.

During this period, and as long as no decision has been made on the subject, each of the parties must refrain from any disclosure. If a party files the patent, the copy of the documents of the filing must be notified to the other party.

Therefore, if you filed your patent without waiting for your employer's response, you must have informed your employer and be able to provide proof (an acknowledgment of receipt, for example).

Moreover, if you have made an agreement with your employer, this must have been recorded in writing and may possibly be proof of your employer's acceptance.

In the absence of proof of your employer's acceptance, the latter could defend his rights in court.

If you have declared your invention to your employer for more than two months, without a response from your employer, the classification is presumed to have been accepted.

And in the event of a dispute between your employer and yourself, you can go to court, or even the National Commission for Employee Inventions to defend your rights.

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