scope of employment
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Read It Twice
Boy, is it hard to write an effective invention assignment for an employment agreement. First, under US law only a natural person can be an inventor, not a juristic person. When you have an employee whose job is inventing, the solution is to create an automatic assignment to the employer, which is generally done when… Continue reading
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Patent Ownership Not a Federal Question (at least in this case)
Is patent ownership a question of federal law? It depends. In the case of Millepede Marketing Ltd. v. Harsley, it’s not. The recent Supreme Court decision Gunn v. Minton* provides the analytical framework: a matter is one for federal jurisdiction if (a) federal law creates the cause of action asserted or (b) a federal issue… Continue reading
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The Scope of One’s Employment
Work made for hire cases come up pretty often, but when they do the question usually is whether the person was an employee. This is the question that the factors in Community for Creative Non-Violence v. Reid are used to answer. But for a work to be a work made for hire, the work must… Continue reading
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