Rights of Employer and Employee to Inventions Made by Either During the Relationship

The interesting and difficult question not infrequently arises, what are the respective rights of employer and employee to inventions made by either during the continuance of the relation. While the constantly occurring cases are almost always complicated by special and peculiar facts which must modify to a greater or less extent the decision to be reached in the particular case, it is believed that the following review of the controlling principles and leading cases on the subiect will be of assistance. Since the courts have repeatedly said that "no one is-antitled to a patent for that which he did not invent unless he can show a legal title to the same from the inventor or by operation of law," it follows that the mere fact of the existence of the relationship of employer and employee does not, in the absence of contract, expressed or implied, -ive either party any right to an invention, outside the scope of the employment, made by the other during the continuance of the relationship. The question does not appear to have been squarely raised in the courts though there is much dictum in the cases to be quoted later, throwing light upon the subject.