Patents

• Rights belong to the inventor

• Exceptions

  • Pre-invention assignment clauses in Employment, Contractor and University agreements
  • Shop Right

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Patent rights belong to the inventors.

With two (very big) exceptions:

1. Employees are usually bound by a ôpre-invention assignment clauseö in their employment contract.

Contractors and professors are usually bound by similar clauses in their contracts.

The Pre-invention assignment clause typically requires that the employee assign her rights to inventions made during the course of her work to the employer.

2.The second is an old common law doctrine, called a shop-right. The shop right gives the employer rights in an employeeÆs invention made at the employerÆs work place and using the employerÆs facilities