Monday, January 10, 2022 12:33:11 AM
Can someone who knows about patent applications / patents please explain the Roger/OPTI ownership issue?
https://www.stevens-bolton.com/site/insights/articles/when-does-an-employee-own-inventions
“Under section 39 of the Patents Act 1977, an invention made by an employee will belong to the employee unless it was made in the course of their “normal” duties or duties specifically assigned to them, provided that their duties were such that an invention could reasonably be expected to result – i.e. they must be ‘employed to invent’. The invention will also belong to the employer if the employee had a special obligation to further the employer’s interests, which often arises in the case of directors and partners.”
Roger resigned from the board of directors. But, he’s still CEO.
OPTI/Roger said he’s retiring soon. The patent approval process takes months or years.
Would OPTI own the patent application if Roger leaves? Or, could Roger have a clause that he retains ownership?
IMHO, even if Roger’s “invention” could result in a cell phone feature, the iwand showed the lack of interest in a small hand-held (ineffective) UVC product. It won’t help fight an airborne/aerosol virus, and it has some other issues. So, I don’t think Roger’s patent application / patent would have value.
(Except for temporary share price bounces.)
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