Who owns an invention that is unrelated to the company product where one is employed but there is no clear policy on this matter when the activity was undertaken?

• A. The Company
• B. Joint Ownership
• C. The Employee
• D. There Is No Ownership Until Policy Is Established

Answer: (C)

The key idea is that ownership of an invention typically rests with the creator when the invention is developed outside the employer’s business scope and there’s no policy or contract transferring rights. In this scenario, the invention is unrelated to the company’s product and was undertaken without a clear policy indicating otherwise. Since it wasn’t part of the employee’s duties, wasn’t produced during work time, and didn’t use company resources, there’s no basis for the company to claim ownership. Therefore, the inventor—the employee—retains ownership. If, instead, the invention were developed during work hours, used company resources, or related to the company’s business, or if there were a contract or policy assigning invention rights to the employer, the company could own it. Joint ownership would require identifiable contributions from both sides.