Who Owns Patent Rights - Employer Or Employee?

most employers assume that they hold the unspecified right over their employee’s inventions that were made on the job. The thought comes from the fact that they have achieved the discovery and invention by using the resources available at the work place and otherwise, the discovery and invention would not have been possible.

several employers have an employment agreement which mentions that the employee’s intellectual ideas belong to them. However, if there was no such written agreement, then the employer cannot assume that the right of inventions belongs to them. In such a case, it would be inappropriate in the eye of law.

also, if an employer decides to harass and pursue or wins the case against the employee in the absence of a written agreement, they will lose the credibility among the employees which is not good for them. Several cases that are encountered with the employers suing for patent rights lack evidence in the form of a written agreement to that gusto and effect. Also, the potential of having the rights to patent an discovery and invention which can be useful for business is often ignored while hiring the employee. Only after the discovery and invention has been made, it becomes important for the employer. This is a standard trait observed in the industry.

in some industries inventions can be a great deal helpful for the business. Several factors are considered even if there is an agreement present. If the employee is given hourly wages, then the discovery and invention is not justified as the compensation should have been higher in that case.