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Decree 2021-1658 dated 15 December 2021: what changes in terms of inventions and development of software by trainees?


Decree n° 2021-1658 dated 15 December 2021 duplicates the regime applicable to inventions and software created by employees to those produced by trainees.

Indeed, until now, failing an express assignment, trainees remained the owners of the inventions designed during their internships, whereas in the case of inventions developed by employees (or public officials) in the course of an inventive mission, the right to the patent belongs to their employers.

Following this new provision, the rights to the software and/or the invention developed by trainees in the exercise of their missions will also devolve to the company, provided that they benefit from a compensation within the framework of an agreement.

We will be happy to provide any additional information in this regard.

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