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employee invention/IP rights

  • 13-02-2017 10:04am
    #1
    strandsman
    Registered Users, Registered Users 2 Posts: 393 ✭✭


    If an employee comes up with an idea/invention, Does the employer have ownership of it? For example. If I invented a new type wheel and I work in a company making wheels does the company own this invention? Or If I worked in a company making wheels and I invented a frying pan does the company own this invention even though it only makes wheels? Sorry for the unusual examples but I'm trying to give a clear understanding of my question.


Comments

  • #2
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    It really does depend on the wheelmaker's contract of employment, where the work on the frying pan was conducted and many other factors which mean that the idea for a novel frying pan is best kept in the wheelmaker's head until he is professionally advised.


  • #3
    i71jskz5xu42pb
    Closed Accounts Posts: 1,806 ✭✭✭i71jskz5xu42pb


    This looks at it from an internship perspective but in short:
    strandsman wrote: »
    any work made by an employee in the course of employment belongs to the employer, unless otherwise agreed.

    You need to see what's in your contract as these can be more restrictive e.g. they might say something like "with us you'll learn a lot about making wheels, have access to detailed company knowledge about wheels so anything wheel related you invent is ours regardless of where you invent it"

    Is this enforceable? Not sure, but if you invent the bestest wheel ever you can be sure a company would try to enforce it which in itself is a mess.


  • #4
    strandsman
    Registered Users, Registered Users 2 Posts: 393 ✭✭strandsman


    OK thanks for your replies


  • #5
    Johnboy1951
    Registered Users, Registered Users 2 Posts: 14,049 ✭✭✭✭Johnboy1951


    strandsman wrote: »
    If an employee comes up with an idea/invention, Does the employer have ownership of it? For example. If I invented a new type wheel and I work in a company making wheels does the company own this invention? Or If I worked in a company making wheels and I invented a frying pan does the company own this invention even though it only makes wheels? Sorry for the unusual examples but I'm trying to give a clear understanding of my question.

    Previous discussion here which might have some relevant info

    http://www.boards.ie/vbulletin/showthread.php?p=101086745


  • #6
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    strandsman wrote: »
    If an employee comes up with an idea/invention, Does the employer have ownership of it? For example. If I invented a new type wheel and I work in a company making wheels does the company own this invention? Or If I worked in a company making wheels and I invented a frying pan does the company own this invention even though it only makes wheels? Sorry for the unusual examples but I'm trying to give a clear understanding of my question.

    Certainly if what of the development work was done on "company time" they would have a valid claim on the "invention"

    If the item was invented on the employees time, but used experience/knowledge gain on the employers time, they would/should also have a claim against the invention.

    If the item was a totally unrelated area, they should not have a claim, but the T&C's of the employees contact might be so broad as to claim it anyway.

    It is all down to the actual employment contract of the "inventor". if the employee is a clerical worker, their might not even be any reference of IP right in the work contract.


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