Decision #1 | What HR must know and apply in practice
2021.03.11
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Supreme Court judgment of 8 January 2020, case file II PK 173/19
An employee has the right to receive consideration when his or her employer uses that invention regardless of whether the employer obtains patent protection for it or not. If the invention would generate greater benefit for the employer in the event of obtaining a patent, then the employee has the right to consideration adjusted for that fact.
The parties may agree upon different principles in an agreement, e.g. they may preclude additional consideration.
The ruling is discussed by Łukasz Kuczkowski.