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bb254 replied to the topic Who should own clinical trial Inventions? in the forum Clinical Research Basics 7 years, 7 months ago
Based on the patent law there are numerous ways to determine who owns the intellectual propery within research and development:
1. Employee: if they are the owner of an inventions
2. Employer: the inventions is considered work-made for-hire
The concept of work-made for-hire is when
1. There is an employee/employer relationship
2. The invention is not an undeveloped idea
3. Employee realized the development due to employment
4. Employee reached their idea during employment
This breakdown of who owns intellectual property helped me understand why NJIT would gain IP for any invention by a student because they developed the invention during the period of their enrollment at NJIT. Therefore, the patents on research products are under NJIT rather than the student.
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