Feature
Business Protection
Who owns your great idea?
Lucy Trueman, patent attorney partner of intellectual property advisers Barker Brettell, offers a guide to intellectual property
You know that the billings system could be improved…the amount of time from order to despatch could be cut in half…or if you could only tweak that widget the whatnot would use less energy…then…Wham! That eureka moment. You excitedly explain your idea to your boss. They love it. It’s adopted by the company and you realise that your invention has made a significant financial impact, plus it has potential to be commercialised. Only one problem – who owns your great idea – and ultimately, who is going to make money from it?
Inventor or owner? ‘Inventing’ and ‘owning’ a great idea are quite different. Understanding the difference is critically important in determining who owns an invention which, in turn, will determine who can apply for IP rights and, if commercialised, who can make money from the product. ‘Inventorship’ identifies the creator or creators of an invention. ‘Ownership’ on the other hand,
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identifies the rightful owner or owners of an invention – who has the right to restrict third party activities in relation to that invention. While they can be one and the same, often the inventor and owner are different people or businesses, which is where misunderstandings and disputes can arise.
Being creative: is it your job? If you are not employed, the rules are simple – you will be the first owner of any invention or other creative work that you come up with. However, if you are an employee resident in the UK and create an invention, the UK Patent Act 1977 states that the first owner of your invention will be your employer, assuming the invention was made during the course of your normal duties. This only applies, however, if the duties were such
that an invention might reasonably be an expected result. This Act overrides contract law including clauses in an individual employment contract.
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