ARTICLE · 26 FEBRUARY 2004

Who Owns Employee Produced Inventions?

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The case of Spencer Industries Pty Limited (Spencer Industries) v Collins is a timely reminder of the principles to be applied in Australia in determining an employer's right to the inventions of an employee.

AustraliaEmployment and HR

By Adam Liberman and Chris Barton

The case of Spencer Industries Pty Limited (Spencer Industries) v Collins is a timely reminder of the principles to be applied in Australia in determining an employer's right to the inventions of an employee. It also provides some interesting observations on some other matters relating to the employer/employee relationship in this area.

The case was an appeal by the applicant, Spencer Industries, from a decision of a delegate of the Commissioner of Patents that the first respondent, Anthony Collins, made the invention which was the subject of a petty patent application, outside the course of his normal duties as an employee of Spencer Industries. The effect of the decision being that the relevant invention was owned by Collins.

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