Who owns an invention made by an employee that is outside his regular duties?
Employee inventions are treated differently depending on their relation to assigned duties. Under Section 30.2(a), Intellectual Property Code of the Philippines, if an employee makes an invention in the course of his employment but the inventive activity is not part of his regular duties, the patent belongs to the employee, even if the employee used the employer’s time, facilities, and materials. This protects the employee’s creative output beyond what he is paid to do. Employers who wish to claim such inventions must do so through clear contractual arrangements. 20-Dec-25About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
