Who owns rights to an invention, the employer or employee?
If you invent anything of commercial value, you can register a patent to protect that invention from being used by other people for free, no questions asked. But it gets complicated when you invent the thing whilst you are employed by someone. In most cases your employer will be the owner of the patent if;
- The invention is made in the course of the employee’s normal duties. For example, being a research worker, you invent something related to a project that you had been set to do by the employer, with his resources. That invention belongs to the employer.
- The invention is so connected with the expectations of your employment, in terms of resources, your normal duties, and the working hours within which you invented the thing are considered in deciding whether it belongs to you or your employer.
In all other situations that do not include these two, you become the rightful owner of the invention.
In the event that your invention is deemed to belong to your employer you still have a right to be known and acknowledged as the person who came up with the invention. When the invention belongs to your employer you will not be able to enjoy the fruits of the invention.
Unless you negotiate a deal with your employer or have it in your employment contract that in the event of an inventions the profits shall be shared on a certain ratio.
The author of this snippet is Simon Flemming Mutandi, a lawyer who writes in his personal capacity. The purpose of these pieces is to share insights into the law. The language and content are simplified to give the reader a digest of complex legal issues. For more information contact 0783475020 or email simonflemming1@gmail.com.
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