Patent Ownership When Your R&D Staff Depart

The success of IP transactions is rooted in the IP asset in play. But what if your company suddenly discovers it no longer actually owns the right, despite it being created by employees? As a patent practitioner, I spend a lot of time securing assignments from inventor employees on patent applications, so that their employers can apply for and own the resulting intellectual property. Many people assume that inventions of full-time employees are automatically owned by the company, but this is not always the case. In fact, practices can differ widely depending on the type of employee and the jurisdiction at issue, in particular, there are key differences in legal implications and practices in Canada, the United States and the United Kingdom.