What rights does an employer have in an employee's patent? The short answer is, it depends. The employer may have a right of assignment ' that is, a right to outright ownership of the patent.
Employees' Inventions: Who Owns What Rights?
What rights does an employer have in an employee's patent? The short answer is, it depends. The employer may have a right of assignment — that is, a right to outright ownership of the patent. Another possibility is a so-called 'shop right,' in which the employee owns the patent, but the employer has a non-exclusive, non-transferable license to use the invention in its business. There is also a distinct possibility that the employer has no rights whatsoever in the patent.
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