Section 9, The Patents and Industrial Design Act, 2012

(1) Where an invention is made in execution of anemployment contract the right to the patent shall belong, in the absence of contractual provisions to the contrary, to the employer. (2) Inventions made without any relation to an employment or service contract and without the use of the employer's resources, installations or equipment shall belong solely to the employee or person commissioned. (3) In the absence of an express term to the contrary, inventions made by the employee or person commissioned which do not come within subsection (1) and which results from both the personal contribution of the inventor and the resources, installations or equipment of the employer, shall be owned jointly in equal shares and the employer shall have the exclusive right to a licence of exploitation and the employee or person commissioned shall have the right to a fixed remuneration. (4) The exploitation of the subject of the patent shall be started by the employer within one year from the date of the patent grant, failing which the invention shall become the exclusive property of the employee or person commissioned. (5) The employer may also apply for a patent under subsection (3) to be granted in another country provided that fixed remuneration is guaranteed to the employee or person commissioned. (6) In the absence of an agreement to start the exploitation of the patent during such exploitation, either of the joint owners on an equal footing may exercise his right of preference within the period provided under this Act. (7) This section shall also apply where relevant directly or indirectly to governmental and other public organisations. (8) The advantages given to the employee by subsection (4) shall not be reduced by contract.