Article 115
(1) The employer can demand full or partial rights on the in-service invention. The employer shall be obliged to notify this demand to the worker in written within four months as of the date of receiving the worker’s notification. In case that no notification to the worker is made within notification time period, or a notification is made not to demand any rights, the in-service invention will acquire qualification of independent invention.
(2) In case that the employer demands full rights on the in-service invention, all rights on the invention shall be transferred to the employer as the worker receives the notification.
(3) In case that the employer demands partial rights on the in-service invention, the in- service invention shall acquire qualification of independent invention. However, in this case, the employer can use the invention based on the partial rights. If this use considerably complicates the worker’s evaluation of his work, the worker can offer the employee to either undertake the invention in full rights or renounce their rights of use based on partial rights. If the employer does not respond to the worker’s this offer within two months as of the notification date, the employer’s rights of using the invention based on partial rights shall expire.
(4) The worker’s commitments on the invention before the employer claims rights regarding the in-service invention, shall be deemed invalid to the extent the commitments violate the employer’s rights.
(5) In case the employer does not claim full rights; the employer shall be obliged to keep the information regarding the invention private which is informed to him for as long as the worker’s deserved interests continue.
(6) In case the employer claims full rights on the in-service invention, the worker can demand from the employer a reasonable amount to be paid to him. If the employer claims partial rights on the in-service invention; in case the employer uses the invention, worker’s demand of a reasonable amount to be paid to him, generates.
(7) Economical evaluability of the in-service invention, the worker’s job in the business, the contribution of the business to the invention shall be considered in calculating the amount of the rate.
(8) The employer cannot avoid paying the rate alleging that the invention is not worth protection after they make a claim regarding the in-service invention. However, in case that the legal proceeding that is instituted to confirm nonpatentability is approved by the court, the worker cannot demand a rate to be paid to him.
(9) The method of payment following the employer’s claim of partial or full rights on the in-service invention shall be determined according to the provisions of an agreement or a similar legal deal signed by the employer and the worker.
(10) If the in-service invention is made by more than one worker, the payment and the method shall be determined according to the paragraph 9 separately for every one of them.
(11) The rate tariff regarding worker inventions and the procedure by arbitration in case of disagreement shall be determined by a regulation.
(12) The workers can make commitments on the in-service invention that is became an independent invention as they see appropriate without an obligation of complying with the provisions of Article 119.