Employer –Employee Patent Ownership In India

¹ Tech companies, while filing for patents in India mainly rely on the inventions of their employees and as a general practice file application in company's name. During the process of filing application for patent, the employees assign their patent rights to the employer either through pre-assignment which is a part of the employment contract or assignment agreement signed after the invention is realized. The practice of assigning the patent rights becomes necessary owing to a lacuna in the Indian Patent Act, 1970. There is no provision in the Act that clarifies the ownership of the patent invented by an employee under the aegis of an employer. Also, Section 17² of the Indian Copyright Act specifically assigns the copyright to the employer if the invention is made in the course of employment unless there is a contract to the contrary.