The Right to Employee Inventions in Patent Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Right to Employee Inventions in Patent Law PDF full book. Access full book title The Right to Employee Inventions in Patent Law by Kazuhide Odaki. Download full books in PDF and EPUB format.
Author: Kazuhide Odaki Publisher: Bloomsbury Publishing ISBN: 1509920331 Category : Law Languages : en Pages : 211
Book Description
Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom. Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.
Author: Kazuhide Odaki Publisher: Bloomsbury Publishing ISBN: 1509920331 Category : Law Languages : en Pages : 211
Book Description
Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom. Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice Publisher: ISBN: Category : Employee rights Languages : en Pages : 84
Author: Fredrik Neumeyer Publisher: MIT Press (MA) ISBN: Category : Biography & Autobiography Languages : en Pages : 568
Book Description
USA. Monograph on the legal status of employee-engineers, scientists and technicians, who in the course of their duties are responsible for inventions - reviews the historical background of patent law and government policy concerning copyright and the assignment of ownership and examines employment policy, labour relations, working conditions and collective agreements concerning researchers in industry, public enterprise and the university. Bibliography pp. 497 to 508 and statistical tables.
Author: United States. Congress. House. Committee on the Judiciary Publisher: ISBN: Category : Employee rights Languages : en Pages : 128
Book Description
Committee Serial No. 15. Includes "Federal Employee Invention Rights -- Time to Legislate," by Marcus B. Finnegan and Richard W. Pogue, Michigan Law Review, May 1957 (p. 49-112).
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice Publisher: ISBN: Category : Government publications Languages : en Pages : 84
Author: Howard B. Rockman Publisher: John Wiley & Sons ISBN: 0471697397 Category : Law Languages : en Pages : 541
Book Description
An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.
Author: Ann Monotti Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Australian patent law contains no express code for ascertaining ownership of employee inventions, other than to vest rights by statute in the first instance in the inventor. The rights of an employer must derive from the inventor. In the private business sector, the usual way in which an employer will protect its rights to inventions that its employees are paid to create is with an express term in the employment contract. This will commonly involve some requirement to assign future inventions to the employer. In the past, where the owner of a business might have overlooked the need for an express claim, or where an express claim was found to be unenforceable, the courts have developed doctrines at common law and in equity to protect the entitlement of business owners to inventions that arose from work that the employee was paid to perform. At common law, a term was implied in law into employment contracts to the effect that the employer is entitled to the product of the work that the employee is paid to perform, even when the product is a patentable invention. The generality of the defined circumstances in which employees must assign inventions to their employer, such as 'in the course of employment' or 'in pursuance of the duties of employment' makes these rules very difficult to apply with certainty. The main difficulty has been to decide whether it was the employee's job to create the invention that is being fought over. The result is a lack of certainty in marginal cases that employment lawyers aim to minimise with carefully drafted contracts of employment. It is within this broad context of relative uncertainty as to entitlement to employee inventions created in business environments that the courts were asked to determine the rights of university employers to the inventions of their academic employees in Victoria University of Technology v Wilson, and University of Western Australia v Gray. Universities had embraced commercial activities since the 1990s, following government pressure for them to be part of the wider innovation agenda. This engagement with the inn ovation agenda was accompanied with an expectation for universities to own and manage employee inventions 'to maximise the national benefits and returns from public investment in research'. The Wilson and Gray cases show that this entry into the business of commercial exploitation of inventions has provided fertile ground for entitlement disputes with entrepreneurial academic inventors, despite institutional attempts to make express claims. However, it is important not to exaggerate the potential for problems in this area, because only a small quantity of academic employee inventions will be suitable for commercial exploitation through licensing or some other means, and most technology transfer activities will proceed without undue dispute as to appropriate terms. The bulk of university research is disseminated openly through the usual avenues of conference presentations, articles and books, staff transfers and teaching. Nevertheless, the Wilson and Gray cases remind us that valuable inventions are created, disputes do arise and that the legal principles developed in business contexts are not necessarily appropriate for the resolution of disputes in an academic environment. The cases warn that contractual assignments of future inventions in academic employment contracts are not always enforceable, that express conditions may not be construed as expected and that there is now precedent for universities to be treated as distinctive from other business enterprises. The result is not one that inspires confidence for effective management of university intellectual property resources and suggests that some review of policy and the law is due. The question of ownership of employee inventions generally was raised by the Industrial Property Advisory Committee in its review of the patent system in 1984. The committee recommended that no change be made to the ownership position that prevailed under common law, even though the UK government had codified the principles in its Patents Act 1977 (UK). However, the Gray decision has changed the common law position for academic employee inventions with the result that the default position is no longer consistent with policy in this area. The author argues that the 'disconnect' between law and policy provides a reason for government to review its policies and if necessary to develop and codify the principles in the Patents Act 1990 (Cth) to ensure consistency in approach and outcome.
Author: Shashwat Alok Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The incompleteness of employment contracts may leave inventors vulnerable to ex-post opportunism by their employers, curtailing their innovative effort. We investigate whether laws strengthening the property rights of inventors against employer opportunism can foster innovation using the passage of “freedom to create” laws by seven U.S. states as a natural experiment. We employ a difference-in-differences design that includes a rich set of state, technology, and time-fixed effects to compare the quantity and quality of patenting in these seven states vis-a'-vis synthetic control states. We find the laws increased both the number of patents (by 14 =%) and their quality (according to various measures, including citations and extent of path-breaking innovation). The increase in innovation was broad, observed for both firm-specific and generic innovation and in firms with and without prior patents.
Author: Michael Trimborn Publisher: Kluwer Law International B.V. ISBN: 9041128263 Category : Law Languages : en Pages : 198
Book Description
This practical guide for professionals and managers in patent and HR departments, both in Germany and abroad, provides a quick and reliable introduction to this important law. Among the book's very useful features are the following: An expert overview on all relevant practical problems which might arise from employees' inventions in Germany; diagrams which visualize how service inventions are treated from the moment that they are created to the final
Author: Kazuhide Odaki
Author: Kazuhide Odaki
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Author: Fredrik Neumeyer
Author: United States. Congress. House. Committee on the Judiciary
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Author: Fredrik Neumeyer
Author: Howard B. Rockman
Author: Ann Monotti
Author: Shashwat Alok
Author: Michael Trimborn