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Such a license is commonly known as an exclusive licensing agreement. It not only grants the inventor the rights to use, sell, or manufacture an invention but also typically includes specific terms regarding duration and scope. The Mississippi Exclusive License Agreement between Individual Inventor and Corporation is an effective tool to formalize this arrangement, protecting the inventor's rights comprehensively.
If the employee was hired for the specific purpose of inventing a defined product or process, the invention belongs to the employer. General inventions made at the employer's expense but not at the employer's specification are often not the property of the employer.
Overview. Article I, Section 8, Clause 8, of the United States Constitution grants Congress the enumerated power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
Companies often hire and invest in employees to develop new products, improve processes, create new technologies and develop new markets. 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.
The United States Code authorizes anyone who invents or discovers inventive subject matter to obtain a patent. An inventor is one who, alone or with others, first invents a new and useful process, machine, composition of matter, or other patentable subject matter.
Although the employer is afforded a nonexclusive license to use the invention without paying royalties to the employee, the invention actually is owned by the employee. This employee has the right to exploit it commercially, typically by selling or licensing it to other users.
In addition, an individual or company may be an owner of the patent rights but not an inventor where they were assigned the patent rights by the inventor. It should be noted that a company can never be an inventor.
Company: A company can never be listed as an inventor; only its employees can be. But a company can be the owner of a patent2026 which leads us to the concept of ownership.
The agreement with AutoPartsCo said that all inventions made by the PTU and Professor Milbourne's lab during the course of the project would be owned by PTU and a royalty-free licence given to AutoPartsCo.
A patent application and any resulting patent is owned by the inventor(s) of the claimed invention, unless a written assignment is made or the inventors are under an obligation to assign the invention, such as an employment contract.