Patents of a Commissioned Work

Without express contractual provision, the ownership of an invention made by an independent contractor will vest with the contractor, unless the court is prepared, on the facts, to imply a term into the contract giving ownership to the party that has commissioned the work However, the implication of such a term is relatively rare and depends entirely on the facts in any given case. It is important, therefore, before any such commissioned work is commenced, to agree in a written contract that all intellectual property rights in any invention arising out of the work will vest in the party which is paying for the work to be done.

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