P.R. Laws tit. 3, § 694a

2019-02-20 00:00:00+00
§ 694a. Committee for Promotion of Patents and Registration of Discoveries—Inventions or discoveries by government employees

(a) The provisions of §§ 685-695b of this title shall not be made extensive to employees of the agencies, dependencies, instrumentalities or public corporations of the Commonwealth of Puerto Rico, who, by the nature of their corresponding offices or employments, are devoted to research and technical or scientific analysis for the discovery or invention of new processes or devices, or for the development or improvement of discoveries or inventions already existing.

(b) Any process or device invented or discovered by any of the above-mentioned employees in the discharge of his public office or employment shall be the exclusive property of the Commonwealth of Puerto Rico, and all profits or income obtained from the royalties, sale or other disposition or use, except those mentioned in subsection (c) of this section, shall form part of the Special Fund for the Promotion of Invention Patents and Registration of Discoveries in Puerto Rico, or of the special fund which for those purposes may exist in the agency, dependency, instrumentality or public corporation for which the employee works.

(c) The Committee shall determine the share which the employees shall be entitled to for their inventions or discoveries, which shall not be greater than 33 1 / 3 percent of the profits or income obtained from royalties, sale or other disposition or use of the rights in the invention or discovery. Upon making such determination, the Committee shall consider such factors as the complexity of the invention or discovery, the knowledge required for the discovery, the time spent by the employee and the socio-economic success that may be obtained from the commercial operation of the same invention or discovery.

(d) The agencies, dependencies, instrumentalities or public corporations shall reimburse the expenses incurred by the Committee in patenting or registering any invention or discovery of their employees as a prerequisite to the enjoyment of the income or profits mentioned in subsection (b) of this section.

(e) It shall be the duty of the employees mentioned in subsection (a) to tender the necessary assistance in processing before the Committee and the proper authorities the patents of their inventions or the registration of their discoveries. Said employees shall tender like assistance in case it is decided to sell or otherwise dispose or use the processes or devices on which they have worked.

History —Mar. 20, 1951, No. 35, p. 84, added as § 10 on July 23, 1974, No. 163, Part 1, p. 745, § 11.