Legal Question in Intellectual Property in Florida

Patent Rights default ownership in Florida

In Florida does an employee's I.P. ownewrship automatically default to their employer if there is no employment contract, employment policies, or any written or oral agreement between employee and employer?

Asked on 10/04/07, 2:58 pm

2 Answers from Attorneys

Johm Smith tom's
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Re: Patent Rights default ownership in Florida

Generally there is an assumption that the employer owns the IP rights, but facts can be determinative. I practice IP law and am admitted in FL if you want to consult.

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Answered on 10/23/07, 10:46 am
Nancy Delain Delain Law Office, PLLC
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Re: Patent Rights default ownership in Florida

Please bear in mind that I am NOT admitted in Florida. However, your answer is based mostly in federal, not Florida, law.

The individual who files a patent application owns the IP contained therein until there is a specific assignment of that patent interest to another party.

Generally, though, employers require employees to assign patent rights of *job-related inventions* to the employer (your question didn't specify whether your IP is job-related). Continued employment is can be the consideration for the contract that assigns the patent rights.

You need to check with an attorney who actually represents YOU. Your local bar association may be a good source of referrals, or the US Patent & Trademark Office (www.uspto.gov) has an online searchable roster of patent attorneys and agents.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 10/17/07, 4:02 pm

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