Özet:

The right to patent applies to the person who is in the rule of the invention. However, this right may be recognized by law to another person or transferred by the inventor to third parties. In international law, there is no rule or principle concerning whether the right to patent in respect of the inventions performed by employees belongs to the employee or to the employer. In the case of certain conditions in Turkish law, the employer has a right of preference to have the right to request a patent for the finding. Accordingly, when the employee performs an invention, he is obliged to inform the employer of this situation without delay. The employee may exercise the right of preference within the time determined by the law upon fulfilment of the obligation to notify about the finding. If the employer obtains the right to request a patent, it is obliged to pay the price. The Law No. 6769 adopts a number of principles regarding the price it will pay if the employer requires full right of ownership on the invention. With these principles in mind, detailed arrangements on the price to be paid are provided for on 29.09.2017 and in Regulation No. 30195. Although not specified in the law, the regulation also recognizes the right to encourage the employee. This article examines the regulations on the inventions of employees in Turkish patent law and the innovations brought by Law No. 6769 and 29.09.2017 and Regulation No. 30195 on the inventions of employees. In addition, the regulations concerning the employee’s right to claim a reward, the obligation to notify and the incentive reward are assessed in accordance with Law No. 6769.

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