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Such products are frequently patentable under the Patent Clause of the Constitution and the provisions of the United States Code.
This Note shall address this issue through several sections.The applicant, patentee, or his assigns or legal representatives may in like manner grant and convey an exclusive right under his application for patent, or patents, to the whole or any specified part of the United States. which makes the federal case law relevant to the private employers at interest in this Note.Regulations define assignment as “a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application to register has been filed.”With the statutory framework and policy considerations in mind, disputes over patent ownership between employers and employee–inventors are adjudicated by the courts. Before the use of assignment contracts became popular, the Supreme Court held that an employee–inventor does not lose rights to his or her inventions because another employs him or her.Further, merely enumerating the invention may not sufficiently avoid assignment to the employer as the invention must truly be made—capable of being determined from the disclosure in the patent specification—and simple plain language conception is not enough to declare the invention made. [when] ‘he did [while still at MRI] combine the two chemicals which are claimed in the ‘344 patent.’” There, the lower court reinstated a preliminary injunction finding that the employee–inventor invented the reverse osmosis membrane while employed by Film Tec; however, the Federal Circuit reversed the issuance of the preliminary injunction because it determined that the patent did not belong to Film Tec but rather to the government.Allied “allege[d] that Cadotte conceived his invention and formed the reverse osmosis membrane of the ‘344 patent earlier . (d) “Intellectual Property” means all inventions, discoveries, developments, writings, computer programs and related documentation, designs, ideas, and any other work product made or conceived by EMPLOYEE during the term of employment with MARATHON which (1) relate to the present or reasonably anticipated business of the MARATHON GROUP, or (2) were made or created with the use of Confidential Information or any equipment, supplies, or facilities of the MARATHON GROUP.Hold-over provisions, or trailer clauses, In situations where an assignment may not be apparent in the initial contract, the employer retains a remedy if certain conditions are met.An employee–inventor who was hired for a non-research-and-development-job will retain the rights to his or her invention; however, the employer may receive some license to use the invention.The employee–inventor conceived the manifold invention prior to employment with Marathon but created a physical embodiment of the manifold during the course of employment; therefore, the employer received the rights.In addition to possibly collecting inventions made prior to the commencement of employment, employers may be able to collect inventions made after the termination of employment.A clause shall be inserted in all specifications or contracts hereafter made or awarded by the state, or any public department or official thereof, prohibiting any contractor, to whom any contract shall be let, granted or awarded, as required by law, from assigning, transferring, conveying, sub-letting or otherwise disposing of the same, or of his right, title or interest therein, or his power to execute such contract to any other person, company or corporation, without the previous consent in writing of the department or official awarding the same.If any contractor, to whom any contract is hereafter let, granted or awarded, as required by law, by the state, or by any public department or official thereof, shall, without the previous written consent specified in the first paragraph of this section, assign, transfer, convey, sublet or otherwise dispose of the same, or his right, title or interest therein, or his power to execute such contract, to any other person, company or other corporation, the state, public department or official, as the case may be, which let, made, granted or awarded said contract, shall revoke and annul such contract, and the state, public department or officer, as the case may be, shall be relieved and discharged from any and all liability and obligations growing out of said contract to such contract, and to the person, company, or corporation to whom he shall assign, transfer, convey, sublet or otherwise dispose of the same, and said contractor, and his assignee, transferee, or sub-lessee, shall forfeit and lose all moneys, theretofore earned under said contract except so much as may be required to pay his employees; provided that nothing herein contained shall be construed to hinder, prevent or affect an assignment by such contract for the benefit of his creditors, made pursuant to the statutes of this state.