For those new to protecting their inventions with patents, one of the more common issues that needs to be resolved is ownership. Who owns the invention or patent? A company may believe that it owns the rights to an invention. However, a closer look at the law reveals that this may not be the case. Several common ownership issues arise with situations involving independent … [Read more...]
Patent ownership vests with the individual that conceives or thinks of the invention. The patent rights must be assigned to the employer from the employee or independent contractor. Browse related articles below.
The USPTO has released the final rules to implement the provisions of the America Invents Act effective September 16, 2012. The final rules relate to: Preissuance Submission: Mechanism by which the public can block issuance of a patent. Inventor’s Oath/Declaration requirements: Relaxes the requirements so that it is easier to resolve issues related to uncooperative … [Read more...]
Patent attorneys and employment lawyers are becoming creative when crafting invention assignment agreements. When I worked as an engineer, my employer's invention assignment agreement was straight forward. I aassigned all inventions created on the job to my employer. Back then, this was a typical invention assignment clause. In the following case, an employer had its employees … [Read more...]
Problems may arise when a patent is invented by two or more parties without addressing the issues of control or ownership of the patent. The issue is that each of the inventors can exploit the patent without sharing any profits with the other inventors. Also, any one of the inventors can dedicate the patent to the public destroying the value of the patent. Accordingly, … [Read more...]
Departing employees pose a problem for former employers. These employees may have been on the verge of discovering a new patentable product, formula, etc. during employment with the former employer. When they depart, the information acquired during research and development by the employee belongs to the former employer and should not benefit competitors or others. However, … [Read more...]