Do You Own Your Employee's Invention?
Owning a patent protected invention provides the right to exclude others from making, using or selling the invention throughout the United States for life of the patent. However, determining the ownership of those rights may be complicated. Generally, the inventor owns all rights to an invention. But, if the inventor is an employee, an employer may lay claim to the invention under certain circumstances. For instance, if an employee is hired to invent and the employer can demonstrate that this was clearly spelled out for the employee, the employer will be deemed the owner of any invention within the scope of the employee’s employment. In United States v. Dubilier Condenser Corp., 289 U.S. 178, 53 S.Ct. 554, 77 L.Ed. 1114 (1933), however, the Court stated that the mere existence of an employer-employee relationship does not of itself entitle the employer to an assignment of any inventions which the employee devises during the employment.
