Question

Joe Coder an employee of Big Software Company, worked for months during company time and used Big's equipment to develop an idea that he had been nurturing. Finally, the idea came to fruition. Coder's employer laid claim to the invention (a business process similar to "One Click" shopping) on the grounds that the firm's equipment had been utilized on company time. Coder had obtained a patent on the invention and claimed that his employer had no rights to the invention at all. Who is right? How could an employer guard against such arguments in the future?

Answer 1

As the invention is done using the office equipment and as an employee of the organization, the employer has the rights on the invention as per law. The employer only needs to prove that the invention was done by Coder as their employee and they can get the ownership of the invention. In order to guard themselves from such arguments the employers must mention these terms int he agreement itself at the time of appointment of the employee.