Never reveal a company’s trade secrets to a rival

In the words of Lord Reid, in a UK case, in the ordinary case the benefit of an invention should belong to the inventor.

But at the time the employee made these inventions he was employed and it is inherent in the legal relationship between master and servant that any work which the servant is paid to do belongs to the master.

And according to Viscount Simmonds, it is an implied term in the contract of service of any workman that whatever he produces by the strength of his arm or the skill of his hand or the exercise of his inventive faculty shall become the property of the employer.

Patenting inventions
However, supposing that this invention is something you created in your own time and not at work and in any case is not related to the work you do, then the invention belongs to you solely and may be patented.

For example, if you produce music in your spare time, it is not the employer’s property as it is not related to the work you are paid to do.

If you feel that you are entitled to a stake in the invention, then it is important to negotiate an agreement with your employer, perhaps for joint ownership of the invention. However in some cases, you might be forced to resign so as to take full ownership of the invention.

This is because the law also precludes an employee from taking any steps to patent any inventions relating to the work he is paid to do.

While seeking formal employment it makes more sense to patent your own inventions before you disclose them to the employer.

For example if as a chef you hold a traditional family recipe and would like to use this it at your work place, before signing the contract of service, ensure that you have full ownership of the recipe vide intellectual property laws and disclose your rights to the employer.

This will ensure that you do not have to leave your recipe behind when you leave employment.

Mputhia is an advocate of the High Court of Kenya and a Patent Agent. cathymputhia@gmail.com.