Malaysia legislation

Section 20

of *PATENTS ACT 1983

Section 20

Inventions made by an employee or pursuant to a commission

(2)

Where an employee whose contract of employment does not require him to engage in any inventive activity makes, in the field of activities of his employer, an invention using data or means placed at his disposal by his employer, the right to the patent for such invention shall be deemed to accrue to the employer in the absence of any provision to the contrary in the contract of employment:

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Provided that the employee shall be entitled to equitable remuneration which, in the absence of agreement between the parties, may be fixed by the Court taking into account his emoluments, the economic value of the invention and any benefit derived from it by the employer.

(3)

The rights conferred on the inventor under subsections (1)

and (2) shall not be restricted by contract.

Inventions by Government employee