Delaware Assignment - Employee Inventor
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How to fill out Assignment - Employee Inventor?
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FAQ
The United States Code authorizes anyone who invents or discovers inventive subject matter to obtain a patent. An inventor is one who, alone or with others, first invents a new and useful process, machine, composition of matter, or other patentable subject matter.
?The general rule is that an individual owns the patent rights to the subject matter of which he is an inventor, even though he conceived it or reduced it to practice in the course of his employment.? Banks v. Unisys Corp., 228 F. 3d 1357, 1359 (Fed. Cir.
The first person or enterprise to file a patent for an invention will have the right to the patent. This may in fact mean that, if you do not patent your inventions or inventions made the employees of your company, somebody else ? who may have developed the same or an equivalent invention later ? may do so.
Also known as Proprietary Information and Inventions Assignment Agreements (or PIIAAs), Confidential Information and Inventions Assignment Agreements ensure that intellectual property and other proprietary rights created by employees during the course of their employment are assigned to the employer.
Who owns the patent? Patent rights belong to the inventor who conceived the invention unless that inventor assigns the patent rights to another, or the courts apply the equitable doctrines of hired-to-invent or shop rights.
In the US, the inventor is presumed to be the initial owner of a patent or patent application. If there is more than one inventor, there may be more than one owner. Ownership can be transferred or reassigned.
An inventions assignment agreement is a typical feature of an independent contractor or employee agreement where the worker agrees to assign any intellectual property rights arising from the worker's services to the company.
CIIA stands for Confidential Information and Invention Assignment. This is just another name for a Proprietary Information and Inventions Assignment (PIIA). Some other names this type of agreement may go by include: Employee Confidentiality and Inventions Assignment Agreement.