Scientific Research Council Act, 1988 (Act No. 46 of 1988)13. Discoveries, inventions and improvements by employees of CSIR |
| (1) | Subject to the provisions of sub-section (4) the rights in all discoveries and inventions and in all improvements in respect of processes, apparatus and machines made by employees of the CSIR in the course of their employment as employees of the CSIR shall vest in the CSIR, which shall make such discoveries, inventions and improvements available for use in the public interest subject to such conditions and the payment of such fees or royalties as the CSIR may determine. |
| (2) | If the rights in any discovery, invention or improvement are in terms of sub-section (1) vested in the CSIR, the Board may award to the discoverer or inventor in question such bonus as it deems fit, or make provision for financial participation by him or her in the profits derived from such discovery or invention. |
| (3) | The CSIR may apply for a patent in respect of any discovery, invention or improvement contemplated in sub-section (1), and shall for the purposes of the Patents Act, 1978 (Act No. 57 of 1978), be regarded as the assignee of the discoverer or inventor in question. |
| (4) | The rights in a discovery, invention or improvement made by the CSIR in the course of an investigation for or on behalf of another person, government or administration shall vest in the CSIR unless it is otherwise agreed. |