Question 1
If an employee of a company in India makes an invention, do the rights in the invention automatically belong to the employer? Does the employer have to pay an “inventor compensation” to the inventor (as in Germany)?
Answer 1
In India, derivation of title has to be based on a contract between the inventor and the employer company. Typically, the title on the invention is derived through the employment contract or a deed of assignment. The employment contract must specify that the title of the invention developed during the “course of employment” is transferred to the employer. No separate consideration is required. The employer does not have to pay an “inventor compensation” separately.
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