Who owns the patent on an invention created by an employee?
Only the actual inventor can file for a patent, even if the inventor developed the invention under the orders of his or her employer. It is typical, however, for the employer to contract with the employee to assign the patent to the employer once it is granted. The contract also may call for the employer to give the employee a bonus or a percentage of the royalties generated by the invention. If there is no such contract, the employee will continue to own the patent to the invention. The shop-right doctrine, however, may come into play. The shop-right doctrine says that in this situation, the employer has a nonexclusive license to use the invention.
Related Questions
- Who owns an invention made on an employees own time, without use of UL Lafayette facilities or funds, and that is in an area or field that has nothing to do with his/her UL Lafayette position?
- If an employee of UL Lafayette and an employee of an outside company or university invent something jointly, who owns the invention?
- Who owns the patent on an invention created by an employee?
