An analysis of recent cases indicates that no major changes have taken place in the interpretation of patent law since the earlier decisions. The underlying philosophy of the courts seems to be that an employer has an almost absolute right in the inventions of its employees if it is in the scope of their employment,if they are hired to invent, or if an express assignment agreement for future inventions exists. In most of the other cases outside this area, the great majority of the courts have at least held that the employer was entitled to the shop right. There has been much discussion and many articles written concerning the individual inventor vs. the large corporation. Unless an inventor can afford to invest a great deal of money in litigation to protect his patent right, he may just as well allow the corporation to take an assignment.


Intellectual Property (A Symposium)