Who Owns Patent Rights - Employer Or Employee?

Most employers assume that they hold theamong the employees which is not good for them.
unspecified right over their employee's inventions thatSeveral cases that are encountered with the
were made on the job. The thought comes from theemployers suing for patent rights lack evidence in the
fact that they have achieved the invention by usingform of a written agreement to that effect. Also,
the resources available at the work place andthe potential of having the rights to patent an
otherwise, the invention would not have beeninvention which can be useful for business is often
possible.ignored while hiring the employee. Only after the
Several employers have an employment agreementinvention has been made, it becomes important for
which mentions that the employee's intellectual ideasthe employer. This is a standard trait observed in the
belong to them. However, if there was no suchindustry.
written agreement, then the employer cannotIn some industries inventions can be a great deal
assume that the right of inventions belongs to them.helpful for the business. Several factors are
In such a case, it would be inappropriate in the eyeconsidered even if there is an agreement present. If
of law.the employee is given hourly wages, then the
Also, if an employer decides to pursue or wins theinvention is not justified as the compensation should
case against the employee in the absence of ahave been higher in that case.
written agreement, they will lose the credibility