Employee's Right to Fair Compensation for a Patented Invention.

The article explores the issue of fair compensation for employees in Italy who have patented inventions. The Supreme Court of Cassation has ruled that employees are entitled to fair compensation when their invention is an exceptional outcome of their work. This right and the employer's obligation to pay arise only when the patent is obtained. The court also clarifies the distinction between a service invention and a company invention, stating that fair recompense should be given when the invention is an unexpected result of the employee's work. The article also discusses a specific legal case where the Court of Appeal determined that the petitioner did not have the right to claim fair remuneration because they were not the owner of the patent rights. The court found evidence that the rights to the invention had been transferred to third-party companies and concluded that the petitioner's claim was subject to a ten-year limitation period starting from the date the patent was granted. The court rejected the petitioner's argument that the patent was invalid and upheld the employer's obligation to pay fair compensation. The appeal was dismissed. [Extracted from the article]