Connecticut Assignment - Employee Inventor
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FAQ
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.
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.
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 ?shop rights? doctrine provides that your employer can use an invention that you own but invented on company time without infringing your patent.
Using an IP assignment agreement, sellers surrender all ownership rights to the intellectual property and no longer have any say over how the IP is used. This gives the buyer complete control and ownership rights of the intellectual property involved.
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.