What is a patent right and who owns it?

A patent is a set of rights that is granted by the national government that effectively gives the protection of the patent holder and the exclusive rights of exploitation in respect of an invention. Everything can not be patented, it is only granted for something that is an invention, and novelty.

Now you are an inventor of a product and you did the job on behalf your company so who will be the owner of the patent?

Most of the employers think that they are holding the unspecified right on their inventions of the employees that has been made on the job. And the thoughts come from the fact that they achieved the invention by using their resources that are available at the work place. Otherwise, it was not possible to invent.

There are many employers have an agreement with their employee that the intellectual property belongs to their employees is company’s property. But if there is nothing written in the agreement, then the employer cannot think about the rights that the invented products are belongs to them. It would be illegal in eye of law.

If the employer takes any decision to pursue or win the case against the employee when there is nothing mentioned in that joining agreement, the will be losing their credibility and that is not good for them. There are many cases currently with employers to claim patent rights where in the form of a written agreement there is no evidence to that effect.

In many industry inventions may be a good deal that is helpful for the business, considering several factors even if there is any present agreement. If the employee is paid hourly wages then the invention will not be justified.





Some more information:

If you think that you are depriving of you rights by your employer, when you have invented a product and your employer made the patent on their name without compensating you, you may contact with a Nigeria Patent Lawyer to get the right solution.



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