Question

You develop a unique procedure that will revolutionize the delivery of a particular medicine. You develop this process after-working hours in your employer's laboratory. You seek to patent your system under your own name so you can sell the patent back to your company at a large profit plus residuals. The employer says, wait a moment, you were on my turf during the developing stages and the company is therefore entitled to the patent right. Briefly discuss both sides in this dispute, the individual inventor's and the corporation's.

Answer 1

Ans:

Individual Inventor's side:

• The inventor can have the patent right as the employee was not hired specifically to develop the unique procedure.
• The inventor has the right of owning the patent in case of absence of agreement specifying that all the inventions in the course of employment belong to the employer.
• Inventions made by the employee even at the expense of employers can be eligible for the ownership of only the employee.

Corporation's side:

• In case of presence of agreement specifying that all the inventions in the course of employment belong to the employer, the patent is employer's property.
• Even if the invention is owned by the inventor, the corporation can get a license to use the invention free of cost as the invention was made on employer's expense or resources.