Government vs. the Federal Employee: Who Owns the Patent
Journal Article - Open Access
DEPARTMENT OF DEFENSE GENERAL COUNSEL WASHINGTON DC WASHINGTON DC United States
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Pharmaceutical companies frequently offer federal employees conditional gifts for research purposes. One condition often requested by pharmaceutical company attorneys is the exclusive right to any ideas or inventions developed at the federal facility by the federal employee working with products or equipment donated by the pharmaceutical company. Unfortunately for the pharmaceutical company, this is not allowable under federal regulations, which supersede any such contractual condition. In this column, I will discuss the evolution of the patent laws governing federal employees and the rationale behind them. I will also explain the circumstance under which federal employees can hold patents to products they develop.
- Sociology and Law