Employees’ Inventions’ Rights

A Comparative Study between Saudi, Japanese and Chinese Laws

Abstract

The significance of employee inventions has become increasingly important, particularly considering rapid technological advancements worldwide. The Kingdom of Saudi Arabia, having recently topped the Arab patent index, is no exception to this trend (Pawar, 2023). However, applying legislative provisions related to employee inventions in many countries remains relatively limited.

Hence, it is imperative to establish effective legal systems to address the rights and responsibilities of employee inventors. This study aims to address the issue of employee inventors by comparing the Saudi patent system with the corresponding systems in Japan and China. Specifically, the article examines the rights of employers over their employees' inventions, the rights of employee inventors themselves, and the mechanisms for evaluating and compensating employees for their inventions within the legal frameworks of Saudi Arabia, Japan, and China.

The research is divided into two sections. The first section provides an overview of the definition and types of inventions. The second section focuses on the ownership of employee inventions and workers' rights to receive compensation for their inventive contributions. Finally, the article concludes with several recommendations to bridge the gaps within the Saudi legal system identified throughout the study.