Unlike in Germany, there is no obligation for employers to file an intellectual property application abroad. Rather, employers can choose whether to file abroad at all and, if so, in which countries. As a rule, this will be a decision depending on the individual case.
For countries in which employers have no interest in acquiring an intellectual property right, they must release the employee’s invention to the employees. This release should be done in time so that employees still have the opportunity to file the application abroad themselves within the priority period. In order to avoid being hindered by foreign property rights, employers may reserve a non-exclusive right of use. Employees are entitled to reasonable remuneration for such right of use.