Middlesex Massachusetts Grant of Nonexclusive License to Manufacture, Use and Sell an Invention by Employee to Employer

Name: Middlesex Massachusetts Grant of Nonexclusive License to Manufacture, Use and Sell an Invention by Employee to Employer
Brand: US Legal Forms
Rating: 4.84 (335 reviews)

Category:

Licenses - Inventions

State:

Multi-State

County:

Middlesex

Control #:

US-0558BG

Format:

Instant download

Description

This form is a grant of nonexclusive license to manufacture, use and sell an invention by employee to employer.

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FAQ

The general rule is that, in the absence of an agreement to the contrary, an employer is entitled to a nonexclusive license to use an invention devised by an employee while he or she was working for the employer. In the context of patents, the foregoing rule is referred to as the "shopright doctrine."

An invention assignment agreement is a contract that gives the employer certain rights to inventions created or conceptualized by the employee during the employment relationship.

In the absence of a written agreement, an employee's patentable inventions may not belong to the employer, except in special circumstances. The employee employer relationship does not necessarily entitle the employer to ownership of inventions made by the employee.

With this investment, it should come as no surprise that employers generally own the intellectual property created by its employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee not the employer.

Employment Inventions means any and all Inventions created, developed, conceived or made by you alone or with others or otherwise arising in the course of your employment (whether or not during working hours or using our premises or resources).

Employers Routinely Control Employees' Patents The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either: signed an employment agreement assigning invention rights, or.

The designs you produced within the scope of your employment likely qualify under the Copyright Act as works made for hire, which means they belong to your employer.

As a general rule, an employer will own the intellectual property created by its employees in the course of their employment. However, intellectual property that is created by an employee, other than in the course of employment, is owned by the employee, not the employer.

Typically, employers are entitled to all intellectual property created at/for their business, unless there exists a contract stating otherwise.

More info

H.R. 1252 (111th) introduced by Rep. Gab bard (AZ) and co-sponsored by 11 co-sponsors, H.R.1252 is the “No Harm In Teaching: Protecting Students from Harmful Chemicals Bill”, which states that: 1. A person, entity or body is immune from prosecution or penalty for knowingly or recklessly selling, providing, or importing into this nation or bringing or shipping into this nation of any product, chemical or substance used or intended to be used for teaching or research purposes or for use in the manufacture of a product or substance for teaching or research purposes, if the product, chemical or substance which was sold, provided or imported is not hazardous according to good manufacturing practices, including that it does not emit ozone, carbon dioxide, hydrogen sulfide, mercury, other specific and restricted hazardous substances, flammable gases or volatile organic compounds within this nation as hazardous waste or is not covered by any Federal chemical listing or standards.

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Middlesex Massachusetts Grant of Nonexclusive License to Manufacture, Use and Sell an Invention by Employee to Employer

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What happens if you invent something while working for a company?

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Who owns an employee's inventions?

Does my employer own my invention?

What is an employee invention?

Can company take your invention?

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