By: Lee Kim, Esq.

Who owns the intellectual property rights (e.g., copyrightable material, invention, etc.) if one’s employment contract is silent on the issue and is in the absence of an intellectual property ("IP") policy?

The following are situations in which the employer owns the IP:

–           Intellectual property has been created by an employee within the scope of employment.

–           Intellectual property has been created during working hours with the use of employer’s facilities.

–           Intellectual property has been specially commissioned by the employer pursuant to a written agreement.

–           Intellectual property has been funded by federal funds, state funds, or third party sponsorship.

The following are examples in which the employee owns the IP:

–           Intellectual property created is unrelated to employee’s job responsibilities and the employee made no more than incidental use of the employer’s resources.

–           Employer has released the intellectual property to the inventor.

–           Employee has created a scholarly work, unless the employer specially commissioned such work (e.g., specifically hired the employee to create such a work or otherwise required the employee to create such a work).Continue Reading Intellectual Property Ownership: General Guidelines