An inventor at work?

If you are employed and have come up with a good idea, laws and contractual terms may affect what you can do with it.

As an employee, you have certain rights to a technical invention you have created, provided it can be patented. However, you should be aware that your employer will normally have the right to take ownership of the invention if it falls within the company's area of business. You must then receive compensation for your contribution.

This is governed by the Norwegian Employee Inventions Act

If you have made an invention in the course of your employment, you should notify your employer in writing as soon as you can document it. Remember to check whether your organisation has internal procedures for reporting inventions. If not, you can use our suggested form, 'Notification of invention', below.

If your employer wishes to acquire the rights to the invention, the next step is to negotiate fair compensation for your contribution.

This depends on your responsibilities within the company and the agreements you have entered into with your employer, such as your employment contract. Your employer must also present a plan outlining how they intend to develop the invention further.

When determining compensation, factors taken into account include

• the commercial value of the invention
• the scope of the rights acquired by the employer
• the employee's terms of employment

By law, your employer has four months from the date of notification to tell you whether the company wishes to acquire the rights to the invention. You should also check whether your workplace has any internal rules on this. If you do not receive a response, the rights belong to you.

If you and your employer disagree, the Mediation Board for Employee Inventions can help you resolve the dispute.

If you cannot reach an agreement, you will need to seek a resolution through the courts. If you would like advice and guidance, you can find relevant expertise at patent offices, law firms, TTOs (technology transfer offices at universities and university colleges) and some trade unions.

See also invention disclosure

Ideas may also be protected under the Copyright Act and the Trade Secrets Act.

The Trade Secrets Act allows employers to implement internal procedures and guidelines that help protect their trade secrets and enable enforcement in the event of trade secret infringement.

For information to qualify for protection as a trade secret under the Act, it must not be generally known or readily accessible. It must have commercial value because it is secret, and the employer must take reasonable steps to keep it secret.

Typical measures for employees include contractual provisions and access controls. Non-compete clauses and paid garden leave after employment ends may also be appropriate and can be agreed in an exit contract.