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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Dr. Emman Lopez is employed by Biolux Corp. and signs Biolux’s standard inventions clause: “All inventions conceived or reduced to practice during the term of employment, and related to Biolux’s business or developed with Biolux’s time, facilities, or resources, shall be the sole property of Biolux.” During his own time, at home, using his personal equipment, Emman develops a novel data-analytics method for image processing that is completely unrelated to Biolux’s business and files for a patent in his name. Biolux asserts ownership under the clause. Who owns the patent given these facts, and why?

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Dr. Emman Lopez owns the patent because the invention was developed entirely on his own time and is unrelated to Biolux’s business, with no use of Biolux’s resources. The patent is invalid for lack of patentable subject matter because it is unrelated to Biolux’s business. The patent is jointly owned by Dr. Emman Lopez and Biolux Corp. since it was conceived during the term of employment. Biolux Corp. has a perpetual license to practice the invention, but ownership remains with Dr. Emman Lopez.

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