Some may assume that an invention automatically belongs to its inventor, but Saudi Patent Law did not make this absolute. Section 6 of the Law highlights cases where patent protections are given to employers and not employees as follows:
1-Where the employee’s invention is a result of executing an employment contract, meaning the employee would not have created the invention without their relation to their employer, e.g.: a farmer inventing a device that makes plowing and planting easier.
2- If the employees task is to produce the particular innovation as stipulated in their employment contract, such as an employee working in a lab for educational or research purposes.
What if the employee invents something unrelated to their work while using their employer’s equipment?
In this case, the patent would belong to the employee unless one of the following applies:
- If the employment contract states that all inventions created using the employers equipment would belong to the employer.
- if the employer proves that the employee would not have developed the subject matter of the protection had he not used facilities, means or data made available through his employment.
