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For there to be an employment relationship, there must be a ?contract of service or apprenticeship? and not a ?contract for services?. ingly, any work created by an employee will generally be owned by the employer.
Inventions and Patents If there are no specific provisions in a written employment agreement, one asks whether the duties and responsibilities assigned to the Employee include an obligation to invent things. If so, the Employer is deemed to own it.
In the US, the inventor is presumed to be the initial owner of a patent or patent application. If there is more than one inventor, there may be more than one owner.
A utility patent may be obtained for processes, machines, articles of manufacture, or compositions of matter if the invention meets three basic criteria: 1) It must be useful; 2) it must be novel, in that it has not been previously known by others; and 3) it must be sufficiently different from what was previously known ...
The rules for ownership of IP depend on the type of IP: For copyright, in most circumstances, an employer is deemed to own a work created by an employee, but an independent contractor or service provider is deemed to own a work that it creates (subject to an override in a written contract)
?The general rule is that an individual owns the patent rights to the subject matter of which he is an inventor, even though he conceived it or reduced it to practice in the course of his employment.? Banks v. Unisys Corp., 228 F. 3d 1357, 1359 (Fed. Cir.