BLAW 430 Lecture Notes - Lecture 3: Leahy-Smith America Invents Act, Derivative Work, Independent Contractor
Document Summary
No longer is the first to invent entitled to patent. First to file is who wins the patent. Corporations can now file for patents too! (before it was only individuals) When an inventor is an employee who created while at work: If the employee was hired to invent, the employer owns the invention. If the employee was not hired to invent but used company time and resources, the employee owns the invention but the employer has shop rights which are irrevocable license to use the invention for free in perpetuity. File an application with the patent and trademark office(pto) If application is granted, it becomes public. A presumption of validity; someone challenging the patent may invalidate it with. An exclusive right to manufacture, sell or import even if the other invention was clear and convincing evidence (pfaff case) independently created. Money damages only if the invention reflects patented and the patent number.
