Legal Question in Intellectual Property in Washington

ownership of a patent invented by an inventor who works for two companies

My question is the following: A person is working simultaneously as an employee for two companies. The two companies are aware of this fact, and have no objection. As a result of the work of this person an invention is conceived in one of the companies. Does the other company have any ownership right over the patent? What are the rules in the USA, and if information is available, also overseas.


Asked on 5/11/03, 9:45 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: ownership of a patent invented by an inventor who works for two companies

Patents in the US are owned by the inventor unless there is an assignment to another entity. If there is no contract requiring assignment, neither employer owns it. If there is, the terms of the contract(s) govern.

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Answered on 5/11/03, 10:36 am
Charu Narang

Re: ownership of a patent invented by an inventor who works for two companies

You should first check your employment contracts with each company - does each one state that all inventions made during your employ are property of the company? Also, is the invention made within your field of employment? If the answers to both of these questons are no, most likely the invention is yours and not your employers'. Please contact me if you would like to discuss this matter further. Thanks and good luck.

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Answered on 5/18/03, 1:54 pm


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