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Who Owns a Patent?

Posted on Sep 16, 2016 by admin in blog news

Question:  If an employee comes up with an invention while working for the employer, or while employee’s research giving rise to the invention was funded by employer, who owns the patent for the invention?

Answer: The inventor of course! Furthermore, absent an agreement to assign rights to an invention, the invention belongs to the inventor not his/her employer. The employer is only entitled to a non-exclusive license to use the invention “shop license”. United States v. Dubilier Condenser Corp., 289 U.S. 178 (1933).

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