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Patents of a Commissioned Work

Written by Jane Coyle on 05 May 2008

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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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