Supreme Court Ruling: Inventors Initially Own Patents, Not Their Employers

 

 

SUPREME COURT RULES THAT INVENTORS INITIALLY OWN THEIR PATENTS, NOT THEIR EMPLOYERS

 

Bayh-Dole Act Did Not Change This Long-Standing Principle – Stanford University Loses Argument That It Owned Collaborative Faculty Invention

 

Employers Should Be Careful To Avoid Conflicting Assignment Rights When Employees Work in Collaborative Ventures or Research

 

June 7, 2011

 

Under long standing principles of U.S. patent laws going back to the 1790’s, patents are initially awarded to inventors, and not to their employers.   It is and has been customary for employers to obtain assignments (and “agreements to assign”) of

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