Download or read book Exploitation of Inventions by Government Employees written by United States. Congress. Senate. Patents, Committee on and published by . This book was released on 1919 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exploitation of Inventions by Government Employees written by United States. Congress. Senate. Committee on Patents and published by . This book was released on 1919 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (65) S. 5065, (65) S. 5066, (65) S. 5265.
Download or read book Exploitation of Inventions by Government Employees written by United States. Congress. Senate. Patents, Committee on and published by . This book was released on 1919 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Investigation of Government Patent Practices and Policies written by United States. Dept. of Justice and published by . This book was released on 1947 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Investigation of Government Patent Practices and Policies written by United States. Department of Justice and published by . This book was released on 1947 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Investigation of Government Patent Practices and Policies Report and Recommendations of the Attorney General to the President written by United States. Dept. of Justice and published by . This book was released on 1947 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Employed Inventor in the United States R D Policies Law and Practice written by Fredrik Neumeyer and published by MIT Press (MA). This book was released on 1971 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: USA. Monograph on the legal status of employee-engineers, scientists and technicians, who in the course of their duties are responsible for inventions - reviews the historical background of patent law and government policy concerning copyright and the assignment of ownership and examines employment policy, labour relations, working conditions and collective agreements concerning researchers in industry, public enterprise and the university. Bibliography pp. 497 to 508 and statistical tables.
Download or read book Is it Time to Codify Principles for Ownership of Academic Employee Inventions The Disconnect Between Policy and the Law written by Ann Monotti and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian patent law contains no express code for ascertaining ownership of employee inventions, other than to vest rights by statute in the first instance in the inventor. The rights of an employer must derive from the inventor. In the private business sector, the usual way in which an employer will protect its rights to inventions that its employees are paid to create is with an express term in the employment contract. This will commonly involve some requirement to assign future inventions to the employer. In the past, where the owner of a business might have overlooked the need for an express claim, or where an express claim was found to be unenforceable, the courts have developed doctrines at common law and in equity to protect the entitlement of business owners to inventions that arose from work that the employee was paid to perform. At common law, a term was implied in law into employment contracts to the effect that the employer is entitled to the product of the work that the employee is paid to perform, even when the product is a patentable invention. The generality of the defined circumstances in which employees must assign inventions to their employer, such as 'in the course of employment' or 'in pursuance of the duties of employment' makes these rules very difficult to apply with certainty. The main difficulty has been to decide whether it was the employee's job to create the invention that is being fought over. The result is a lack of certainty in marginal cases that employment lawyers aim to minimise with carefully drafted contracts of employment. It is within this broad context of relative uncertainty as to entitlement to employee inventions created in business environments that the courts were asked to determine the rights of university employers to the inventions of their academic employees in Victoria University of Technology v Wilson, and University of Western Australia v Gray. Universities had embraced commercial activities since the 1990s, following government pressure for them to be part of the wider innovation agenda. This engagement with the inn ovation agenda was accompanied with an expectation for universities to own and manage employee inventions 'to maximise the national benefits and returns from public investment in research'. The Wilson and Gray cases show that this entry into the business of commercial exploitation of inventions has provided fertile ground for entitlement disputes with entrepreneurial academic inventors, despite institutional attempts to make express claims. However, it is important not to exaggerate the potential for problems in this area, because only a small quantity of academic employee inventions will be suitable for commercial exploitation through licensing or some other means, and most technology transfer activities will proceed without undue dispute as to appropriate terms. The bulk of university research is disseminated openly through the usual avenues of conference presentations, articles and books, staff transfers and teaching. Nevertheless, the Wilson and Gray cases remind us that valuable inventions are created, disputes do arise and that the legal principles developed in business contexts are not necessarily appropriate for the resolution of disputes in an academic environment. The cases warn that contractual assignments of future inventions in academic employment contracts are not always enforceable, that express conditions may not be construed as expected and that there is now precedent for universities to be treated as distinctive from other business enterprises. The result is not one that inspires confidence for effective management of university intellectual property resources and suggests that some review of policy and the law is due. The question of ownership of employee inventions generally was raised by the Industrial Property Advisory Committee in its review of the patent system in 1984. The committee recommended that no change be made to the ownership position that prevailed under common law, even though the UK government had codified the principles in its Patents Act 1977 (UK). However, the Gray decision has changed the common law position for academic employee inventions with the result that the default position is no longer consistent with policy in this area. The author argues that the 'disconnect' between law and policy provides a reason for government to review its policies and if necessary to develop and codify the principles in the Patents Act 1990 (Cth) to ensure consistency in approach and outcome.
Download or read book Employees Intellectual Property Rights written by Sanna Wolk and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
Download or read book WIPO Guide to Using Patent Information written by World Intellectual Property Organization and published by WIPO. This book was released on 2018-04-30 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.
Download or read book Investigation of Government Patent Practices and Policies Monographs on governmental departments and agencies written by United States. Department of Justice and published by . This book was released on 1947 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Investigation of Government Patent Practices and Policies Monographs on nongovernmental organizations foreign countries legal and historical studies and bibliography written by United States. Department of Justice and published by . This book was released on 1947 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
Download or read book The Right to Employee Inventions in Patent Law written by Kazuhide Odaki and published by Bloomsbury Publishing. This book was released on 2018-10-18 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom. Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.
Download or read book General Information Concerning Patents written by and published by . This book was released on 1975 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Government Patent Policy written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1961 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade mark and Copyright Cases written by United States. Patent Office and published by . This book was released on 1934 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.
