Default (statutory) regime for the ownership | Patent: inventor or his successor in title |
|---|---|
Default (statutory) regime for employee’s creations | Employer |
Ownership of research results in publicly sponsored research | There is no specific scheme for university patents. They are governed by the regulations concerning inventions and patents that are created under a contract of employment. National law, but note that this regulation is usually developed by internal University rules. Inventions, designs and models created by researchers in the course of their public work belong to them and to the institution that they work for. The registration of the intellectual property rights is granted to both the individual inventor or research team and the institution. Joint ownership. |
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually | There is no specific scheme for university patents. They are governed by the regulations concerning inventions and patents that are created under a contract of employment. In those cases where the invention was created under a contract of employment that is assumed to involve an inventive step, patent rights belong to the enterprise. If the inventive step is not specifically remunerated, the inventor is entitled to remuneration, according to the importance of the invention. Unless otherwise stipulated, the previous provisions are applicable to the State and governing bodies, as well as to public officials of any type. |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | There is no specific scheme for university patents. They are governed by the regulations concerning inventions and patents that are created under a contract of employment. |
Related law (name & link) | Industrial Property Code approved by Decree-Law 36/2003 of 5 March Decree-Law 124/99, April 20th, Estatuto da Carreira de Investigação Científica |
Portugal