PPRuNe Forums - View Single Post - Is Sikorsky Attempting to Inhibit Others from Developing Electric Rotorcraft?
Old 4th Jul 2009, 13:29
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NonSAC
 
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Germany - the engineer owns the patent along with all the rights, and the company then pays royalties to the engineer. This even though the engineer is still working for the company.
We're a bit different in the US. Wikipedia explains in a general way how, in the US, employer shop-rights can attach to employee inventions created at work and owned by the employee. These can allow the employer the right to use an employee's invention.

In the instance of an employee with an employment agreement there are at least two classes of benefits - those that in accordance with performance of the contract (on-the-contract benefits), and those obtained employee ownership of an invention due to badly drafted agreements (off-the-contract benefits.) These can arise out of ambiguity, inconsistancy in agreement language, consideration problems, and a host of other problems.

(A) On-the-contract benefits can include peer recognition in the field, employer recognition in the workplace, and modest bonuses.

(B) Off-the-contract benefits can include the financial benefit associated with exercising the right to exclude others from the practice of an invention. Where the invention is commercially successful these benefits can be considerable.

This is a complicated area, confounded by inconsistant state laws, state precedent and differing views in different courts. It is not uncommon for these agreements to vary state-to-state, employer-to-employer, and employee-to-employee. The circumstances have considerable influence, ie. the language of the agreement, where the agreement was performed, the circumstances of the invention in view of the language of the agreement, ect. As always, 'actual mileage may vary'.....
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