1. How does an employee prevent an employer from claiming rights to an invention developed by the employee?
- Answer: If an employment agreement has been signed, then the agreement may control the answer to this question and consultation with an attorney is advised. Generally, if the invention does not relate to the occupation or the employer’s business and was develop prior to the employment, the invention directly or indirectly relates to the occupation or to inform employer’s business and was completely or partially developed by the employee prior to employment, the employer should be informed of the invention so that ownership or shop right claims to the invention are precluded. If the invention directly or indirectly relates to the employment or to the employer’s business, then an invention owner conformation agreement should be executed which releases the employers claims to the invention.