Right to an Invention

Question 1

Who is the Inventor?

Answer 1

The person who made the Invention or the Author of the Invention

Question 2

Can a Company be the Author of an Invention?

Answer 2

No legal entity can be the Author of an Invention.

Question 3

Can an Inventor/Author of an Invention transfer the rights to another?

Answer 3

Once recognized as the Inventor/Author of an invention that right is non-transferable

Question 4

If the rights to an Invention are transferred does the original Author of the invention remain recognized as the inventor

Answer 4

Yes

Question 5

If more than one person collaborates in an invention who is recognized as the Inventor?

Answer 5

All of those who collaborated are jointly recognized as the inventors

Question 6

Does a person who contributes financially to an invention have the right to be recognized as a joint inventor?

Answer 6

No

Question 7

Does the person who provides the original concept for the invention have the right to be recognized as a joint inventor?

Answer 7

No

Question 8

Does each joint owner have the same interest in the invention?

Answer 8

No, it is normal for an agreement to be in place as to how much each joint inventor has of the invention, usually related to their contribution

Question 9

Does an employee of a company who invents a patentable invention whilst employed by that company have the right to that invention?

Answer 9

This situation varies from Country to Country and is classed as a separate category known as “ Employee Inventions.”

Question 10

What are the two categories of employee inventions know as?

Answer 10

1 Service inventions

2 Free inventions

Question 11

What is a Service invention?

Answer 11

An invention made by an employee who was not employed for the purpose of making an invention but still did so on his employer time

Question 12

What is a Free Invention?

Answer 12

An invention made by an employee during an employment contract

Question 13

Does an employee who invents under the Free invention category retain the Patented rights to the invention?

Answer 13

Not normally.

Question 14

Does an employee who invents under the Service invention category retain the patented rights to the invention?

Answer 14

Usually, but the employer is normally compensated in some way.

Question 15

What is Institutional Ownership of an Invention?

Answer 15

The University retains ownership of any invention made by a research Professor working for that University

Question 16

What is a Professor Privilege Regime?

Answer 16

It is a Professor who keeps the rights to any invention he makes whilst in the employ of the University

Question 17

Are there any rules which help the inventors whose inventions were created at University?

Answer 17

Some national laws have introduced a 50/50 rule but this is not yet universal