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1. www.mondaq.com › canada › patentA Brief Guide To Patent Ownership Law In Canada - Patent ...

   www.mondaq.com › canada › patent

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   Nov 27, 2018 · Generally, it is presumed that the employee will have ownership of his or her invention and any resulting patent for discoveries made during the course of employment. 7 This presumption holds true even where the employee's invention is useful for the employer's business, the employee made use of the employer's time, co-employees, and material, and the employee allowed the employer to use the ...

2. www.americanbar.org › groups › intellectual_propertyEmployee Inventors and Patent Ownership: Whose Rights Are ...

   www.americanbar.org › groups › intellectual_property

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   To properly protect its intellectual property, a company should ensure that all employee-inventors have properly assigned ownership in their patents to the company. 1 Indeed, all owners of a patent are required to voluntarily join as plaintiffs in order for there to be standing to bring a patent infringement action, 2 and inventors are presumed ...

3. www.goodmansip.ca › post › a-brief-guide-to-the-lawA Brief Guide to the Law of Patent Ownership in Canada

   www.goodmansip.ca › post › a-brief-guide-to-the-law

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   Nov 27, 2018 · The Patent Act is silent as to ownership of a patent in an employment context, and so one must look to the common law. Generally, it is presumed the employee will have ownership of his or her invention and any resulting patent for discoveries made during the course of employment.[7] This presumption holds true even where the employee’s ...

4. www.smartbiggar.ca › insights › publicationDo you actually own the IP generated by your Canadian employees?

   www.smartbiggar.ca › insights › publication

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   Apr 13, 2021 · For this reason, it is usually in a business’s best interest to ensure their ownership of intellectual property assets generated by their employees. The rules that apply to employer-employee relationships vary greatly between copyright, patents and industrial designs. Any business with employees should be aware of these unique rules and, to ...

5. www.goldsteinpatentlaw.com › who-owns-patentWho Owns Patent Rights: Employer or Inventor?

   www.goldsteinpatentlaw.com › who-owns-patent

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   “Shop rights” is a legal doctrine that grants employers a non-exclusive, non-transferable, and royalty-free license to use the employee’s invention, even if the employee holds the patent rights. This means the employer can use the invention without infringing on the employee’s patent rights or paying any charges.

6. www.yorku.ca › osgoode › iposgoodePatenting Inventions Produced in the Course of Employment ...

   www.yorku.ca › osgoode › iposgoode

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   Jul 7, 2021 · The employee’s conduct following the creation of the invention suggests that the employer is the owner. The invention is the product of the employee being instructed to solve a specific problem or invent a solution. The employee sought help from the employer or consulted the employer in making the invention.

7. People also ask

   Can a company grant a patent to an employee?

   • Depending on the employee’s employment agreement, the employer may be granted the rights to the patent of an invention, and there would be an assignment agreement. When a company employs an individual to create something or solve a problem, the resulting inventions are considered to be made “within the course of employment.”

   Who Owns Patent Rights: Employer or Inventor?

   www.goldsteinpatentlaw.com/who-owns-patent-rights-employer-or-inventor/

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   Does an employee have ownership of a patent?

   • The Patent Act is silent as to ownership of a patent in an employment context, and so one must look to the common law. Generally, it is presumed the employee will have ownership of his or her invention and any resulting patent for discoveries made during the course of employment.

   A Brief Guide to the Law of Patent Ownership in Canada - Goodmans IP …

   www.goodmansip.ca/post/a-brief-guide-to-the-law-of-patent-ownership-in-canada

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   What happens if an employer uses a patent?

   • If the inventor used their employer’s resources, equipment, and time to develop the invention, the employer may have more substantial ownership claims. However, if the reverse is the case, the employee will likely be granted the ownership patents. Depending on the situation, the employer may also receive an implied license to use the patent.

   Who Owns Patent Rights: Employer or Inventor?

   www.goldsteinpatentlaw.com/who-owns-patent-rights-employer-or-inventor/

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   Are employers entitled to patent rights if an employee invents a product?

   • The employer can nevertheless benefit from two exceptions to that rule: the employer will be entitled to the patent rights in the invention of an employee if the employer has an express agreement to that effect with the employee, or if the employee was “hired to invent”.

   Do you actually own the IP generated by your Canadian employees?

   www.smartbiggar.ca/insights/publication/do-you-actually-own-the-ip-generated-by-your-canadian-employees-

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   Can an employer claim a patent if an inventor uses employer resources?

   • Use of Employer Resources If the inventor used their employer’s resources, equipment, and time to develop the invention, the employer may have more substantial ownership claims. However, if the reverse is the case, the employee will likely be granted the ownership patents.

   Who Owns Patent Rights: Employer or Inventor?

   www.goldsteinpatentlaw.com/who-owns-patent-rights-employer-or-inventor/

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   Who owns patent rights for inventions made in the course of employment?

   • The Patent Act does not specifically address ownership of patent rights for inventions made in the course of employment, but case law has focused on whether an employee or contractor was hired to invent.

   IP Ownership For Employees And Independent Contractors - Heer Law

   www.heerlaw.com/ip-ownership-employees-independent-contractors

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8. www.heerlaw.com › ip-ownership-employeesIP Ownership For Employees And Independent Contractors - Heer Law

   www.heerlaw.com › ip-ownership-employees

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   Sep 21, 2024 · In the absence of an agreement on intellectual property, employees and contractors may retain more intellectual property rights then they realize. When entering an employment or contractual relationship, be sure to review the documentation before signing and to negotiate terms that are acceptable to you. If your continued ownership of your ...