Creating A Better System For Employee Invention Assignment

By Albert Wong (May 17, 2018, 12:18 PM EDT) -- In the U.S., as a legal default rule (in the absence of private contracting), an inventor retains patent rights to any patentable inventions she creates, including inventions created during work hours using her employer's property and inventions created using federal funds. The only exception to the default rule is if an inventor was specifically hired by her employer to create an invention (analogous to the work-for-hire doctrine in copyright law). Unsurprisingly, sophisticated companies typically opt out of this employee-friendly default rule by contractually requiring their employees to relinquish their rights to any inventions they may create during their employment. Pre-invention assignment agreements (PIAAs) typically require employees to disclose any inventions they create to their employer, assist their employer in securing patent rights to the inventions, and legally assign the patent rights to their employer....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!