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Employee Inventions
An "Employee Invention" refers to an invention made by a faculty member or employee of KAIST in connection with his or her duties, where the invention falls within the scope of KAIST's business, and the act of making the invention corresponds to the present or past duties of such faculty member or employee. (Article 2(2) of the Invention Promotion Act and Article 2(1) of the KAIST Employee Invention Regulations)
Requirements for an Employee Invention
An Employee Invention is a concept under the Invention Promotion Act and is not limited to "inventions" protected under the Patent Act, but also includes "devices" subject to protection under the Utility Model Act and "creations" subject to protection under the Design Protection Act.
The scope of KAIST's business shall be determined based on the business scope defined in the KAIST Articles of Incorporation.
※ Article 4 (Business) of the KAIST Articles of Incorporation: KAIST shall carry out the following activities to achieve the objectives set forth in Article 2.
- 1Education and training of leading professionals necessary for the development of science, technology, and industry
- 2Conduct of mid- to long-term national research and development in science and technology and industry, as well as basic and applied research for strengthening national scientific and technological capabilities, and dissemination of the results thereof
- 3Technical cooperation with domestic and foreign research institutions, industry, universities, and professional organizations
- 4Commissioned and contracted research and development or technical services with domestic and foreign research institutions and industry
- 5Other activities necessary to achieve the objectives of KAIST and activities incidental thereto
The intent of the inventor shall not be taken into account. Where the invention is related to duties performed at KAIST, whether present or past, it shall be deemed an Employee Invention.
However, where the duties performed are entirely unrelated to the act of invention, it shall not be deemed an Employee Invention.
Employee Inventions
Where a faculty member or employee completes an Employee Invention, he or she shall disclose the invention without delay through the patent management system. Where a faculty member or employee files a patent application without authorization or privately exploits the invention in violation of the obligation to disclose an Employee Invention, and causes damage to KAIST, such person shall be liable for compensation for damages and may be subject to disciplinary action in accordance with applicable regulations.
Compensation Scheme
Where an invention made by a faculty member or employee qualifies as an Employee Invention and is succeeded by KAIST, compensation shall be paid to the inventor where revenue is subsequently generated from assignment of the technology or the grant of an Exclusive License or a Non-Exclusive License. (Article 15 of the Invention Promotion Act and Article 20 of the KAIST Employee Invention Regulations)
Compensation Standard: 60% of Licensing Revenue shall be paid to the inventor or researcher as an incentive.
in Employee Invention
Where KAIST determines that it is difficult to bear the maintenance costs of a patent generated from an Employee Invention, a portion of the rights to such patent may be succeeded by the inventor upon request of the inventor. This shall apply only to patents that have been granted, and shall not apply to pending patent applications. (Article 9-3 of the KAIST Employee Invention Regulations)
Scheme for Succession of Patent Ownership Share to Inventor
