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Unpublished Paper
Patent Reversion: An Employee-Inventor's Second Bite at the Apple
(2012)
  • Richard Kamprath
Abstract
In an attempt to more fully compensate employee-inventors without harming the return on investment of employers, a patent reversion is proposed in which the rights to the patent revert to joint ownership between the original inventor and the current owner. In Section I, the background of the relationship between employer and employee-inventor will be discussed in terms of patent rights. This section will outline the problems inherent in the pre-assignment status quo of these rights from employees to employers. Section II will begin with Part A, which is a review of previously proposed solutions to the under-compensation of employee-inventors. The second part of Section II will discuss the proposed patent reversion and why it should be implemented. Part B(1) will begin with a discussion of the reversion found in copyright which terminates transfers and licenses granted by the author based on a statutorily defined process and time period. Part B(2) of Section II proposes a patent reversion based on the reversion found in copyright. Part (a) proposes applying a reversion of patent rights to the inventor in the form of joint ownership during the last part of the patent’s exclusivity period. Part (b) discusses the advantages of the proposed patent reversion to the employer. In part (c), the theoretical and practical considerations associated with a patent reversion are discussed along with how the reversion can be implemented to create solutions. In Section III, the conclusion will give a brief outline of what was discussed and propose that a patent reversion should be implemented in the future.
Keywords
  • patent,
  • employee inventor,
  • individual inventor,
  • reversion
Publication Date
2012
Citation Information
Richard Kamprath. "Patent Reversion: An Employee-Inventor's Second Bite at the Apple" (2012)
Available at: http://works.bepress.com/richard_kamprath/3/