Who owns the patent on an invention created by a person as part of his or her job?
The actual inventor is the only one who can file for a patent, even if the individual developed the invention in the course of his or her employment using the employer’s resources. However, it is a regular practice for an employee of a corporation or university to sign a contract stating he or she will assign any patents received to the employer. Often a potential employee must sign such a contract as a condition of hire. Sometimes an employer may agree to share royalties with the inventor, or may give a bonus to the inventor. If there is no agreement of this sort, the employer may be given “shop rights,” the right to use the invention for its internal purposes. No matter what sort of arrangement exists between the inventor and the employer, though, the inventor’s name remains on the patent.
Related Questions
- If one person furnishes the ideas for invention and another person employs him or finances his experimentation, should the patent application be filed by them jointly?
- Who owns the patent on an invention created by a person as part of his or her job?
- Who owns the patent on an invention created by an employee?
