Employee IP Rights

Employees

• The work-made-for-hire doctrine governs the rules for who holds the rights to intellectual property created by employees. It states that if an employee invents something within the realm of his job description, that creation belongs to his employer. For example, if a laboratory hires you to research cures for a disease and you successfully create a vaccine for it, you would not hold the rights to that invention because you were hired to create it for the company.
  
  

Independent Contractors

• These laws differ if you are not an employee of the company but an independent contractor. Independent contractors differ from an employee in that they generally provide their own supplies, perform their work at their own space and are paid when their task is completed rather than periodically. Independent contractors retain the rights to their own creations, unless they have entered into a contract with the company stating otherwise.
  
  

Protect Yourself

• The line between an employee and an independent contractor is often blurred. If you are unsure of which of these categories pertains to you, it is always a good idea to sign a contract with the company ensuring your rights to anything you create. This protects you from any future disputes over your intellectual property rights.