Surrender the Patent and the Application. Legal Study for Supporting the Business Approach

Lucian Poenaru
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Lucian Poenaru: National University of Science and Technology “Politehnica” of Bucharest, Romania

Economics and Applied Informatics, 2025, issue 3, 72-78

Abstract: This article deals with presenting the legal consequences associated to surrender a patent and to the shifting of the procedure for obtaining the patent when the proprietor of the patent is the employer. It focuses on two main relevant aspects. First of all, the article presents the general framework for giving in the patent as a special case of voluntary assignment and copes with the implications of the legal offer to surrender the patent even when more than one person is the owner. I have thus learned that if the proprietor fails to prove that all the conditions for the surrender are fulfilled (herein included that the employee was properly notified) the patent will not leave the ownership of the employer. Secondly, the article analysis the relevant provisions of the law on service inventions in case the employee identifies the intention of the employer to surrender the patent while also focusing on presenting possible elements of the employers’ disinterest to protect the technical solution. The legal provisions are thoroughly examined in order to understand the reasoning behind the disinterest of the employer to surrender its right, including in the context of the right to protect the technical solution as a trade secret.

Keywords: patent; withdrawal; patent surrender; employee invention; intellectual property (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:ddj:fseeai:y:2025:i:3:p:72-78

DOI: 10.35219/eai15840409549

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