How does an engaging party obtain ownership of a work developed by an employee or independent contractor?
Typically, an engaging party can secure ownership in the underlying intellectual property rights of a particular technology via written agreement, signed by both parties, in which the employee or independent contractor conveys to the engaging party the rights to all works created under the agreement. These agreements typically take the form of invention or assignment agreements, or related clauses in employment, consulting, or development agreements. However, if funding for the technology development is derived from federal or state grants, often a condition associated with the grant is that the ownership of any resulting intellectual property vests with the government or private body extending the grant.
