Employer vs. Employee?
It’s not a simple answer and depends on a number of factors and state law not fully disclosed herein. A) Was the employee “hired to invent” something or to solve a particular problem? Then the Company may likely own the invention. B) Did the employee use the resources of company to invent or invent during hours of employment? Does the invention relate to the business of the company? Then the Company may likely own the invention. Was there an express employment contract covering this issue?
With no express employment contract requiring the employee to assign , and A) or B) above the Company may claim at least a “shop right” – a non-exclusive license to use the invention (related to company business) within the normal scope of company business.
If not A) or B) then employee may own the invention.
