The Italian Supreme Court confirmed that an employee who developed an invention, without this falling within his specific duties, is entitled to a fair reward even if the patent was transferred by his company to third parties, afterwards. In fact, the company still made a profit from the invention.

Furthermore, the Cassation confirmed that, if the company and the employee have not regulated the hypothesis of development of inventions in the employment contract, it is the Judge who decides whether or not the reward is due.

Finally, it was confirmed that the dissolution period of the right to a fair reward starts from the date the patent is granted.