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Ownership of Inventions

Ownership of Inventions. Usually not an issue. Companies get assignments. So any disputes happen very early in the process. Employer owns invention. Shop Right. Right of a employer to use invention even without ownership. Employer had shop right. Hired as consultant

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Ownership of Inventions

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  1. Ownership of Inventions Usually not an issue

  2. Companies get assignments So any disputes happen very early in the process

  3. Employer owns invention

  4. Shop Right Right of a employer to use invention even without ownership

  5. Employer had shop right • Hired as consultant • Consultant proposed new design • Consultant formed own company • Consultant got patent • Company had royalty-free license • Ownership of patent left hanging

  6. University may not own invention • Grad student co-invented 1st invention • he developed 2nd invention • Left school • He tried to patent himself • School sued • Case goes to trial

  7. Inventor was employee at will without contract Company owned invention

  8. Ownership springs from invention

  9. Inventor ownseven though on company time

  10. “… the law recognizes that employers may have an interest in the creative products of their employees …”

  11. Employerhires or directsthe employee to create

  12. "New York State Law and 'federal common law' are in agreement on the general principle that no duty on the part of a 'general' employee to assign inventions made during the course of employment arises from the employment relationship, absent an employment contract to that effect."

  13. General rule Inventor owns rights

  14. Two exceptions • Express contract concerning inventions • Hired to invent

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