Employee Inventions in the Netherlands (Rijksoctrooiwet)

Eva Jongepier - employment lawyer in the Netherlands
April 23rd, 2026

Employee Inventions (Werknemersuitvindingen) under the Rijksoctrooiwet

The ownership of patentable inventions made by employees is governed in the Netherlands by the Rijksoctrooiwet 1995 (Patents Act). The starting point differs from copyright law: under the Rijksoctrooiwet, the inventor is the natural person who made the invention - not the employer. However, the Act provides the employer with a right to claim the patent in specified circumstances, making employee inventions a complex area where careful contractual planning is essential.

Article 12 of the Rijksoctrooiwet distinguishes three scenarios:

Inventions made in the exercise of duties: If the employee was specifically engaged to engage in inventive activity (a research scientist, an R&D engineer), any invention arising from that activity belongs to the employer by operation of law. The employee must notify the employer of the invention immediately.
Inventions related to the employer's field but not part of specific duties: The employer has a right to take over the invention within four months of notification, but must pay the employee a billijke vergoeding (fair compensation). This compensation reflects the commercial value of the invention, the contribution of the employer (resources, know-how), and the terms of the employment.
Inventions unrelated to the employer's field: These belong to the employee entirely; the employer has no claim.

Fair compensation for employee inventors under Dutch law

The right to fair compensation for employees who invent in the second category is not waivable by contract. Any clause purporting to exclude this right is null and void. Disputes about the amount of compensation are determined by the courts, applying a multi-factor analysis. Dutch case law on inventor compensation is relatively limited compared to Germany, but the statutory right is clear and courts will enforce it. See related pages on employee intellectual property rights and employment contracts. Consult an employment lawyer in the Netherlands for inventor compensation disputes. Article 14 of the Rijksoctrooiwet 1995 entitles the employee-inventor to be named as the inventor on the patent, even where the patent right is owned by the employer - a moral right that cannot be contractually waived. As regards financial compensation, Article 12(6) provides that no separate compensation is due if it is deemed to be covered by the wages; the Hoge Raad has given this exception a very broad interpretation, making it easy for employers to argue that the wage includes inventor compensation and correspondingly difficult for employees to prove that a separate payment is owed. The statute offers no guidance on how to calculate the amount of fair compensation in cases where it is due.

Frequently Asked Questions

Must an employee notify their employer of an invention made at home?

Yes, if the invention relates to the employer's field of business or was made using employer resources or knowledge, even if it was developed outside working hours. The notification obligation under Article 12 Rijksoctrooiwet is broad: any invention that could fall within the employer's right of takeover must be disclosed. Failure to notify and filing for a personal patent in respect of such an invention can constitute seriously culpable conduct.

Can an employer include a clause claiming all inventions the employee ever makes?

Not validly for the employee's right to compensation. An employment contract may specify the procedure for invention notifications and may pre-assign the employer's right to claim, but it cannot extinguish the employee's statutory right to billijke vergoeding for inventions in the second category (related to but outside specific duties). Such a waiver clause is null and void under Article 12(6) Rijksoctrooiwet.

What is a 'billijke vergoeding' for an employee invention?

Fair compensation under Article 12 Rijksoctrooiwet is an amount that reasonably reflects the commercial value of the invention, reduced by the employer's contribution in terms of resources, know-how, and assistance provided, and taking account of the salary the employee already receives for innovative work. There is no fixed formula; courts and parties negotiate on the basis of projected licensing revenues, comparable transactions, and the specific facts.

What happens if the employer does not claim the invention within four months?

If the employer fails to exercise its right of takeover within four months of the employee's notification, the right lapses and the invention belongs to the employee. The employee is then free to file a patent application in their own name and commercialise the invention independently. This highlights the importance of a clear internal notification and review procedure for employers operating in technology, pharmaceutical, or industrial sectors.