Intellectual Property Contracts: Invention "Conceived" During Employment Awarded to Employer's Assignee
By: David Rabinowitz
Moses & Singer Client Alert
An idea for using ultrasound to treat hypertension belonged to the bankrupt company that employed the scientist that had the idea, and in turn to the company that purchased its assets, rather than to the scientist, under a recent decision by the Delaware Chancery Court.
The Court construed a clause in the company’s inventions assignment agreement with the scientist that gave all inventions “conceived” during employment to the company. The Court construed “conceive” broadly in its ordinary English sense and not as a term of art from patent law.