Article 116
(1) If the employer has claimed full rights on the in-service invention that is notified to them, the employer shall be obliged to file the first application to the Office to be granted a patent. However, the employer can avoid applying if it is required by the interests of the business. Without prejudice to the provision of the paragraph 2; in case it is avoided to file an application, possible economical losses against the worker caused by a fail of obtaining a patent are considered in determining the rate which is to be paid by the employer for the invention.
(2) The employer’s obligation of first application to the Office vanishes in at least one of the cases mentioned below;
a) the in-service invention acquiring qualifications of independent invention;
b) the worker’s consent not to file a patent application for their invention;
c) protecting the company secrets requiring not to apply;
(3) The worker has a right to apply personally if the in-service invention acquired the independent invention qualifications.
(4) If the employer does not file an application on the in-service invention on which they claimed full rights; or does not apply within the time period that is to be determined by the worker, the invention acquires the qualifications of an independent invention.
(5) If the employer has claimed full rights on the in-service invention, they can file an application for the subject invention to be protected in a foreign country.
(6) Upon the worker’s request; the employer shall be obliged to give their rights on the invention for the foreign countries in which they do not wish to obtain a patent; and to provide the worker with conditions for making an application to claim a patent in such countries.
Releasing the invention shall be made in a reasonable time period in terms of keeping within time period of priority right.
(7) The employer, releasing the invention in order to make possible for the worker to obtain a patent in foreign countries, has a right to reserve a non-monopolized right of tenancy to be able to use the invention in such countries for a proper fee; and has a right to claim a protection for their interests generated from this reserved right.