Ownership of employee inventions – disputing ownership of patents

Last updated 25/08/2015

Section 35(6) of the Copyright Act 1968 (Cth) establishes a general rule that an employer will own the copyright in many types of works if they were created by an employee or apprentice, in the course of their employment. Unfortunately there is no such legislative equivalent in the Patents Act 1990(Cth)(Act).

The absence of an express term in an employment agreement concerning ownership of patentable inventions can create significant controversy for employers when an employee produces a patentable invention of some value. [Read more…]

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