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Intellectual Property

David E. Lafitte


David E. Lafitte

Stradling, Yocca, Carlson & Rauth

Santa Barbara, CA

805 / 564-1381

dlafitte@sycr.com

sycr.com



Question We employ over 25 engineers. As their employer, do I own the intellectual property they develop?

Question The general rule is that the ownership of an invention is vested in the individual inventor. If an employee signs an agreement specifically assigning his or her rights in any invention to the company, the company owns it. If an employee is hired specifically for the purpose of inventing, then any resulting invention belongs to the company. Absent the above, an employer might only acquire shop rights permitting use of an invention on a non-exclusive and non-transferable basis.







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