Patent Act Section 11 — Employee inventions and special remuneration (Section 12)

Section 11: the right to apply for a patent on an invention an employee makes in the course of work under the employment contract, or under a contract aimed at making inventions, belongs to the employer unless the contract says otherwise; this extends to an employee who invents using the employer's methods, statistics or reports available because of the job. Section 12 is conditional: under paragraph 1, where the employer benefits from or uses the Section 11 paragraph 1 invention, the employee may be entitled to special remuneration beyond ordinary wages. Only paragraph 2, for an employee whose invention falls under Section 11 paragraph 2, gives the entitlement unconditionally. The right cannot be removed by the employment contract, and the Director-General fixes the amount on a claim.