Right to Employee Inventions in Patent Law: Debunking the Myth of Incentive Theory

This book examines the issue of compensation for employee inventions and argues that it is unlikely to boost the motivation, productivity, and creativity of employee inventors, and therefore should not be made mandatory regardless of jurisdiction. It also discusses the ownership of inventions made by university researchers, considering the need to ensure open science and academic freedom.

Format: Paperback / softback
Length: 232 pages
Publication date: 28 January 2021
Publisher: Bloomsbury Publishing PLC

Despite the existence of laws in numerous countries mandating employers to compensate employees for their inventions, there has been a lack of critical examination in the legal literature regarding the effectiveness of such compensation in incentivizing inventors as intended by the legislature. This book aims to address this gap by drawing upon recent, extensive surveys on the motivation of employee inventors conducted in Europe, the United States, and Japan, as well as studies in social psychology and econometrics. The author argues that the compensation provided to employee inventors is unlikely to enhance their motivation, productivity, and creativity, thereby fostering the creation of inventions. Furthermore, the book delves into the ownership of inventions made by university researchers, considering the importance of ensuring open science and academic freedom. Challenging prevailing assumptions, the book presents a novel solution to this critical issue by advocating that compensation for employee inventions should not be made mandatory regardless of jurisdiction. The author contends that there is no legitimate reason to require employers to pay for inventions, as the incentive to innovate is already provided to them through patent law.

Introduction:
The issue of compensation for employee inventions has garnered significant attention in recent years, as employers are increasingly recognizing the value of innovative ideas generated by their employees. However, the existing legal literature has yet to critically examine whether such compensation actually provides the intended incentive for inventors to invent as the legislature intends. This book aims to address this gap by exploring the motivation of employee inventors, examining the ownership of inventions made by university researchers, and proposing a solution that challenges popular assumptions.

Motivation of Employee Inventors:
Recent surveys on the motivation of employee inventors have shed light on the factors that influence their inventiveness. These surveys have revealed that while financial incentives such as compensation can play a role in motivating inventors, they are not the sole or primary factor. Other factors, such as recognition, autonomy, and a sense of purpose, are also crucial in fostering inventiveness.

Studies in social psychology and econometrics have further contributed to our understanding of the factors that drive employee inventiveness. For instance, research has shown that individuals who feel a sense of ownership over their work are more likely to be creative and innovative. This sense of ownership can be fostered by providing employees with opportunities to contribute to the development and commercialization of their inventions.

However, it is important to note that the compensation provided to employee inventors should not be seen as a panacea for motivating inventiveness. While financial incentives can certainly motivate some inventors, they may not be effective for others. Moreover, the compensation itself may not address the underlying issues that hinder inventiveness, such as a lack of resources, support, or recognition.

Ownership of Inventions Made by University Researchers:
The ownership of inventions made by university researchers is a complex issue that requires careful consideration. While universities often seek to commercialize their research findings, they also recognize the importance of maintaining academic freedom and open science.

One approach to addressing the ownership of inventions made by university researchers is to establish clear guidelines and policies that balance the interests of the university, the researcher, and the potential commercialization partners. This can include licensing agreements that provide the university with a share of the profits generated from the invention, while also granting the researcher certain rights and protections.

Another approach is to establish innovation centers or technology transfer offices within universities that can assist researchers in commercializing their inventions. These centers can provide resources, support, and guidance to researchers in navigating the complex world of intellectual property and licensing.

However, it is important to note that the commercialization of inventions made by university researchers should not be solely driven by financial considerations. Universities should prioritize the dissemination of knowledge and the advancement of scientific research, regardless of whether there are potential commercialization opportunities.

Conclusion:
In conclusion, the compensation for employee inventions is a critical issue that requires careful examination. While financial incentives can play a role in motivating inventors, they are not the sole or primary factor. Other factors, such as recognition, autonomy, and a sense of purpose, are also crucial in fostering inventiveness. The ownership of inventions made by university researchers is a complex issue that requires careful consideration of the interests of the university, the researcher, and potential commercialization partners. By establishing clear guidelines and policies that balance these interests, universities can promote open science and academic freedom while also maximizing the benefits of their research findings.

Weight: 354g
Dimension: 234 x 155 x 16 (mm)
ISBN-13: 9781509943913