The Invention Agreement is a crucial legal document used in Belgium to establish clear rights and responsibilities regarding inventions created by employees or contractors. This agreement is essential for companies engaged in research, development, or any innovative activities where new inventions may arise. It must comply with Belgian patent law, the Belgian Code of Economic Law, and relevant EU regulations governing intellectual property rights. The agreement covers various types of inventions (service, dependent, and free inventions), specifies ownership rights, establishes compensation frameworks, and includes confidentiality provisions. It's particularly important in Belgium where specific legal requirements exist regarding inventor's rights and mandatory compensation for certain types of inventions. The document should be used at the commencement of any employment or contractual relationship where invention creation is possible or expected.
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1. Parties: Identification of the contracting parties (inventor(s), company/employer, or other relevant parties)
2. Background: Context of the agreement, relationship between parties, and general purpose
3. Definitions: Definitions of key terms including 'Invention', 'Intellectual Property Rights', 'Service Invention', 'Dependent Invention', and other relevant terms
4. Scope of Agreement: Details of what types of inventions are covered under the agreement
5. Ownership of Inventions: Clear provisions on ownership rights of inventions, distinguishing between service inventions, dependent inventions, and free inventions
6. Disclosure and Documentation: Inventor's obligations to disclose and document inventions
7. Cooperation in Patent Process: Obligations regarding cooperation in patent applications and maintenance
8. Compensation: Terms of payment or compensation for inventions, including any additional remuneration for successful patents
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Term and Termination: Duration of the agreement and conditions for termination
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Pre-Existing Inventions: Section excluding prior inventions from the agreement, used when inventor has existing intellectual property
2. University or Research Institution Rights: Required when inventor has obligations to academic institutions
3. Shop Rights: Used when employer needs non-exclusive rights to use inventions without ownership
4. International Protection: Included when international patent protection is anticipated
5. Collaborative Development: Required when inventions may be developed with other parties
6. Competition Restrictions: Non-compete provisions, if applicable under Belgian law
7. Alternative Dispute Resolution: Mediation or arbitration procedures, if preferred over court proceedings
8. Assignment Rights: Terms for transferring rights to third parties, if permitted
1. Schedule 1 - Technical Field Description: Detailed description of technical field or area of invention covered
2. Schedule 2 - Pre-Existing Inventions: List and description of any excluded pre-existing inventions
3. Schedule 3 - Compensation Framework: Detailed compensation structure including base payments and success-based rewards
4. Schedule 4 - Invention Disclosure Form: Standard form for documenting and disclosing new inventions
5. Schedule 5 - Patent Application Procedures: Detailed procedures for patent applications and maintenance
6. Appendix A - Confidentiality Terms: Detailed confidentiality obligations and procedures
7. Appendix B - Signature Requirements: Required documentation and witness requirements for invention assignments
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