State Legislation Governing Ownership Rights in Inventions Under Employee Invention Agreements
Citation: Robert L. Gullette (1980) State Legislation Governing Ownership Rights in Inventions Under Employee Invention Agreements. Journal of the PatentOffice Society (RSS)
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Summary
Describes common law ownership of inventions: employer owns inventions resulting from specific inventive employment, employee resulting from general or non-inventive employment, subject to an employer "shop right". Outcomes depend on how "employment" is interpreted (broadly or narrowly). Employer-favoring nvention assignment contracts have largely supplanted common law. "Freedom to create" legislation, first passed in Minnesota, limits assignment and requires notice, partially restoring common law arrangement.
Analyzes legislative history and differences among Minnesota, California, and Washington acts. Spurred by sense that US was falling behind in inventiveness, less drastic than earlier and never passed federal legislation modeled on German law (eg requiring inventors share in licensing profits), and advocated for by labor (collective bargaining arrangements often give general inventive employment to employees, subject to an employer shop right).
Claims narrower Washington act is less disruptive.