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Jasmin, a chemical engineer employed by GreenBond Plastics, signs an inventions clause in her employment contract: “All inventions conceived or reduced to practice during the term of employment, and related to GreenBond’s business or developed with GreenBond’s time, facilities, or resources, shall be the sole property of GreenBond.” While on a weekend at home, using only her personal laboratory equipment, she develops a novel biodegradable plastic polymer unrelated to GreenBond’s current line of products and files for a patent in her own name. GreenBond seeks ownership under the clause.
(a) Who owns the patent given these facts?
(b) What is the controlling doctrine at play, and how does it apply to the facts?
(c) If GreenBond wishes to assert ownership, what must it prove to overcome Jasmin’s title to the patent, and how would the outcome change if Jasmin had used GreenBond’s facilities or if the invention related to GreenBond’s business?