In this week's "Locke on the Law," Partner and Chair of Dorf Nelson & Zauderer LLP's Intellectual Property Department, Scott Locke, discusses the implications of outsourcing research and development for patent rights.
"Outsourcing R&D can be a cost-effective way to innovate. However, entrepreneurs should be aware that under U.S. patent law, who is an inventor is defined by statute, not contract. In order to comply with U.S. patent law, including naming all inventors in a patent application, companies should carefully and clearly define in written agreements with their independent contractors, who will own any and all inventions, regardless of which individuals contributed to them."
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