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The general rule is that you own the patent rights to an invention you create during the course of your employment unless you either: signed an employment agreement assigning invention rights, or. were specifically hired (even without a written agreement) for your inventing skills or to create the invention.
So who owns a patent/patent application? 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. Ownership can be transferred or reassigned.
It is the general rule that an employee retains ownership and patent rights of whatever she invents during her employment, even if she conceived it or reduced it to practice in the course of her employment, and even if her invention relates to company business.
Employers typically own intellectual property developed by their employees, but there is room for negotiation. by Does Your Employer Own Intellectual Property You Create? Intellectual property rights can be a concern for employees regarding works created or developed within the workplace context.
IP Created by Business Owners However, unless the owner is employed by the company, and hired for the purposes of creating IP or working within their scope of employment, ownership rights in the IP are likely retained by the creator, i.e., the company owner, and not the company, absent an assignment agreement.

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Patents. A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others.
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.
While not always cut and dried, intellectual property created within the workplace context is typically deemed to belong to the employer, not the employee, even though the employee is the creator or inventor of the work in question.
A patent gives its owner the exclusive right to make, use, offer to sell, sell, or import, a specified invention in the United States, for a limited time. If you invent something, you can obtain a patent by filing an application with the United States Patent and Trademark Office describing your invention.
For works created prior to 1978, see chapter 2100 of the Compendium of U.S. Copyright. Office Practices. Section 101 of the Copyright Act defines a work made for hire as. A. A work prepared by an employee within the scope of his or her employment.

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