In France, the law on additional remuneration for salaried inventors is defined by Article L611-7 of the Intellectual Property Code. According to this article, employees who have made an invention in the course of their work with an inventive mission are entitled to additional remuneration. An inventive mission is defined as a mission involving research studies in particular.
This additional remuneration is payable by the employer and is determined according to :
– the value of the invention,
– its usefulness to the company,
– the employee’s personal contribution
– etc…
What role do collective bargaining agreements play in IP?
Collective agreements play an important role in defining additional remuneration for salaried inventors. While many collective bargaining agreements are silent on the subject, others may set out the terms and conditions for calculating and paying the bonus, as well as the criteria for recognizing the invention. These collective agreements are amended from time to time to take account of developments in the profession and the needs of companies and employees.
Metallurgy collective bargaining agreement commits to compensation
In 2024, the collective bargaining agreement for the metallurgy industry, which applies to employees in France’s metallurgy sector, is due to be amended with regard to additional remuneration for salaried inventors. Under the new provisions, inventors will be entitled to a bonus for inventions made in the course of their work.
According to article 149 of this collective agreement, this remuneration will be set at a minimum of €300 per inventor and per invention. This is the first time in France that a collective agreement has defined a precise amount for additional remuneration!
This sum may be paid in one or more instalments, and may be combined with other remuneration or bonuses. The employer may also pay a supplement to this sum if the invention is of exceptional interest to the company.
For example:
- exploiting the invention reduces costs for the company
- sales increased sharply following exploitation of the invention
Although this additional remuneration is not compulsory, it is in line with the SYNTEC Collective Bargaining Agreement, which stipulates that in the event of commercial exploitation of the invention within 5 years of the patent or utility certificate being granted, the employee is entitled to additional remuneration.
The collective bargaining agreement for the metallurgy industry does not specify the terms of this supplement, leaving the employer free to decide. It does not necessarily have to be a lump sum, but could take the form of royalties or company shares, for example.
It is important to note that this amendment to the metallurgy collective bargaining agreement aims to encourage employees to develop their creativity and come up with new solutions to company problems. It also aims to recognize the work of employee inventors and reward them for their contribution to innovation within the company.
The evolution of the Collective Bargaining Agreement for the Metallurgy sector reflects the interest shown in the regime for employee inventions, too often neglected or even ignored. There is no doubt that other collective agreements will also clarify this point for the various branches in the future.
The employee invention policy is not a point to be taken lightly, as it can have serious economic consequences for the company. This is especially true when an employee leaves (retirement, redundancy, etc.).
A well thought-out, up-to-date employee invention policy is the best way to avoid any future claims.
