Raoul and his employer, ABC Co., did not agree as to which of them would own inventions invented by Raoul while "on the job." Raoul invented a new dripless candle. Who owns the invention? What rights, if any, might the other party have?

What will be an ideal response?


If an employer and employee do not agree in advance about which party will own inventions conceived by the employee during the course and scope of employment, the general rule is that the employee retains ownership rights, subject to a shop right in favor of the employer. A shop right is a nonexclusive, royalty-free, nontransferable license of the employer to make and use the invention in the employer's business whether or not the employee remains employed by the employer.

Legal Studies & Paralegal

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