When does an employer own an invention made by its employee?
An employer generally owns inventions arising from an employee’s assigned role. Section 30.2(b), Intellectual Property Code of the Philippines, states that the employer owns the patent if the invention is the result of the performance of the employee’s regularly‑assigned duties, unless there is an express or implied agreement to the contrary. This reflects that such inventive work is part of what the employer hires and pays the employee to perform. Nevertheless, parties can contractually modify this allocation, so well‑drafted employment agreements are important in research‑intensive fields. 20-Dec-25About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
