Inventions, Patents and Copyright
Key points Although not a matter that is likely to be of particular concern to every employer, there will be occasions when an employee invents a machine, product or process that is new and capable of industrial application. The question may arise as to the ownership of such an invention. That question has largely been resolved by sections 39 to 43 of the Patents Act 1977 in respect of inventions made after 1 June 1978. Section 39 of the 1977 Act states that an invention made by an employee will be taken to belong to his employer if: it was made in the course of the normal duties of the employee in circumstances such that an invention might reasonably be expected to result from the carrying out of those duties; or it was made in the course of the duties of the employee, and the nature of those duties and his particular responsibilities were such that he had a special obligation to further the interests ...