If a government body chooses to use the invention or idea, without prior approval from the patent holder, then that holder can in fact sue for compensation. But there are other statutory requirements when a government employee is seeking patent protectionparticularly for federal, state, and even government contractors. Therefore, if the government employee has a new product or invention, he or she may be required to give over the rights to the government if certain criteria are met. The criteria is similar between federal and state employees, but it is reviewed on a case-by-case basis, as the totality of the circumstances are taken into account when determining whether or not the U. Under federal law, protection rights of an invention created by federal employees gocernment be in government hands if the invention was:. Laws regarding state employee inventions are similar to that of the federal hovernment. Specifically, the state of Connecticut has ownership over state employee inventions if:. Independent contractors fare better. Federal agencies might waive patent rights when entering into government contracts. While you, as a patent holder, can sue the U. Therefore, if the business itself has patent protection over an invention, the business can bring suit against the U.
Statutory guarantee payments
By Peter J. Toren August 17, General Keith Alexander ret. Certainly, Gen. Alexander can seek to leverage his NSA experience and expertise in developing a lucrative post-government career, however, the filing of the patent applications so soon after leaving government service and their cybersecurity subject raises serious questions about who actually owns these inventions and whether Gen. Alexander is seeking to profit from inventions that actually belong to the government. In interviews, Gen. Alexander has asserted that he discussed the ownership of these patent applications with lawyers at the NSA and has been assured that his inventions are not related to any work he did for the NSA, and, consequently, the inventions belong to him and not to the government. That NSA lawyers have purportedly concluded that his inventions are unrelated to his work is cold comfort in this era of Edward Snowden revelations.
Card Accounts
Although much in intellectual property law has changed in the almost years since the first Patent Act, the basic idea that inventors have the right to patent their inventions has not. The Supreme Court has repeatedly confirmed the general rule that rights to an invention belong to the inventor. See e. Roche Molecular Systems, Inc. Dubilier Condenser Corp. There is an important exception to this rule that applies to this situation: Inventions made by federal employees while working for the government generally belong to the government so long as they meet one of three criteria, absent certain exceptions that are not applicable here. Menke v. Department of the Army , 20 U. In re Philips , 2 U. That an employee invention was not necessary to, and was not used in, the project to which the employee was assigned does not preclude the government from taking title thereto. Based on publicly available information, there are serious questions about the ownership of the nine patent applications that must still be addressed by the government.
The Problem with Stifled Inventions
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Business Accounts
Money is an abstract concept — and today we take it for granted, not considering how a piece of paper, or pieces of metal, are valuable items in themselves. I have a memory as a boy, saving my pocket money by placing it in a special drawer, the golden pound coins collecting into a neat stack. About the Author. Open share tools. Get each employee to write something positive about the person on a piece of paper, and give them the box of collected sayings, or frame them for the employee. Like us on Facebook. Send a birthday card to them at their home address. But there have been many developments in money along the way. Like Carlsson, he says dealing in cash feels antiquated.
Propriety of Licensing Government Employee’s Patent
But there were a couple of reasons why I kept using physical money and avoided getting into e-payments and e-wallets. With credit cards, the pain of payment is delayed until that monthly bill arrives. Follow us on Twitter. Maybe Yes this page is useful No this page is not useful Is there anything wrong with this page? View All Funding Options. For Startups. Email address. Give them and their colleagues a catered breakfast. About the Author.
Inventions of Federal Employees
I have a memory as a boy, saving my pocket money by placing it in a special drawer, the golden pound coins collecting into a neat stack. Although the stack never got too high to endanger its structural integrity. I grew up in Hastings, a small coastal town in East Sussex, famous for and seaside charm.
I got my first debit card when I was Later, I saved up money for a gap year, by working at a bingo hall, and I put the money into a savings account.
I avoided credit cards. Skip forward to and I was living and working in Beijing, China, as a freelance journalist. All around me Beijing residents were paying for everything using just their smartphones. They would walk up to a counter of a restaurant, shop, or convenience store, and offer up a QR code for the cashier to scan.
No fumbling for cash and waiting for change. No swipe of a plastic card. The transaction would take seconds. But I was a stubborn holdout. But there were a couple of reasons why I kept using physical money and avoided getting into e-payments and e-wallets. Firstly, it felt safer. Having physical cash just felt safer.
Secondly, I feared that by moving to electronic payments, and losing the greater friction of paying with cash, I would end up spending. I was afraid that by losing the tangible, visible qualities of paper money, and the physical transaction — of fishing out my wallet, finding the required bills, and handing over the cash — I would lose all sense of how much, day by day, I would be spending.
Were these fears justified? As more and more people across the world shun cash, these are essential momey to consider. Money is an abstract concept — and today we take it for granted, not considering how a piece fmployee paper, or pieces of metal, are valuable items in themselves. But money is a relatively recent invention, and it represented a fundamental change in human society, says Natacha Postel-Vinay, who teaches a course in the history of money and finance at the London School of Economics.
You just needed some silver. In technical terms, money makee a store of value, and should be a unit of account, which simply means that it must be of a standardized unit like a currency.
The first recorded use of money was in ancient Iraq and Syria, in the Babylon civilisation, around BC. In Babylonian times people used chunks of silver which were accounted according to a standardised weight known as a shekel. From Babylon, we have records of the first prices, recorded by priests at the Temple of Marduk, as well as the first ledgers and the first debts.
From Babylon we have many of the essential things required for a monetary economy. These include the fact the silver was regularly tested for its fineness and there was a stabilising force, such as a King or government, which people could trust to guarantee the value of the money.
But there have been many developments in money along emplkyee way. From about BC other civilisations were using precious metal, and in ancient Employe, in the Kingdom of Lydia, the first coins were minted. Nowadays, money is miney tied to physical objects that are in themselves valuable commodities, such as gold or silver coins, but we use a form called fiat money which is a currency that a government has established as legal tender.
The concept of credit and debt existed long before credit cards were invented. Subsequently, credit cards were promoted to travelling salesmen, for them to use while on the road, in America.
The first debit card appeared in the UK in Chip and pin was introduced inand contactless credit cards followed four years later. In China, meanwhile, scanning QR codes with your smartphoneor generating QR codes on your smartphone to be scanned by merchants, was co-opted as a means of making payments. From aroundadoption of e-payments in day-to-day usage became much more prevalent. Countries epmloyee have the highest rates of cashless spending include Canadawhere having more off two credits cards per person is a norm.
Emelie Svensson, a Swede who works in New York City as a broadcast journalist, says the two countries are very different when it comes to the use of cash. And although the UK might be increasing in its use of non-cash payments, it still has a long way to go.
For Moa Carlsson, a year-old butcher from Gothenburg, the country feels quaint in comparison to her native Sweden. I would almost feel strange not to use cash.
For people who live in these increasingly cashless societies, the benefits of electronic payment are obvious. Invenfion Carlsson, he says dealing in cash feels antiquated. Does spending without using physical cash make people spend more? This ibvention a complicated question and it involves seeing humans as fundamentally irrational creatures, in inveniton ways. In other words, the pain of the loss stings more, even though the two sums are exactly the. This kind of psychological insight has powered enormous change in the field of economics.
Whereas before, in classical economics, academics based their theories on the assumption that people behave rationally so that the loss and gain of an equal sum would be treated the same by an individualthis was shown to be false by psychological studies. This led to the discipline of behavioural economics and branches such as consumer psychology. One of the great researchers in this relatively new discipline is Drazen Prelec.
The MIT professor once conducted a study that involved a silent auction. The auction was held for students at the prestigious Sloan business school, for tickets to sold-out NBA basketball games.
The researchers told half the bidders they could pay only with cash, while the other half were told they could pay only with a credit card. The results astonished the researchers. On average, it was found that the credit card buyers were bidding more than govefnment as much as the cash buyers.
What this means, goverment to Prelec, is that the psychological cost of spending a dollar on a credit card is only 50 cents. Spending on a credit card clearly has employed on how people spend, which numerous studies have borne. So much so, in fact, that behavioural economists believe this explains the continuing popularity of debit cards. But what about using e-wallets? With credit cards, the pain of payment is delayed until that monthly bill arrives. The great ability of credit cards, in other words, is that they wield the psychological power of separating the pleasure of buying from the pain of paying.
But with e-wallets, users can see that money is deducted immediately. This is instant feedback and so does not have the same effect as a credit card. Although there is no similar research yet on paying with e-wallets, it could be hypothesised that the flinch moment could be missing when paying with a smartphone. But this needs more research. This pain of parting with our money can keep us from overspending, but the negative aspect is that it can rob us some of the joy in consuming.
Prepayment is another method, even when there is no financial advantage. Companies such as Club Med have latched onto this kind of psychology, where their resort guests buy plastic chips to use instead of cash. For me, I eventually transitioned makd using e-payments in Beijing. It is like living in a world where you get all the benefits of spending, without the pain of paying.
Perhaps this is better for economies, where it could be beneficial if people spend their money more freely, and many governments around the world are trying to encourage.
In other words, I might be feeling this uneasiness because I am imagining that I could be spending that money on other things instead. As more societies move from cash-based to cashless, the way we spend might change. But money will remain a governing force in the lives of humans.
This article is part of our Weird West series. Back ina team at the University of British Columbia pointed out that psychology research contains a major flaw: much of it is based on samples entirely from Western, Educated, Industrialised, Rich and Democratic — or Weird — societies.
The researchers often assumed that their findings would be applicable to people. In this series, we dig into what this looks like in everyday life. What habits and ways of thinking are common empliyee Weird societies that people living elsewhere in the world might find, well, weird? And what does this tell us, not only about cultural differences, but about ourselves? You might also like: The greatest myth about money The secret codes of banknotes Bitcoin and the illusion of money But I was a stubborn holdout.
Just five years ago I paid my rent in cash! But what of the supposed disadvantages? Neural pathways light up almost like brief physical pain when we part with our money.
Weird West This article is part of our Weird West series. Read. Open share tools. Like us on Facebook. Follow us on Twitter. Follow us on Instagram. Sign up to our newsletter. Around the bbc.
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A civil service employee of the Air Force requested an opinion on the propriety of licensing can government employee make money off invention patent to the Government. Based on a complete review of his work responsibilities and mwke extent of the Government’s contribution to the invention, the Air Force left the entire right, title, and interest in the invention to the inventor. After this, the employee sought and obtained a patent at his personal expense.
Government Patents
The Air Force expressed an interest in the ca, and the employee offered to license the patent to the Government. The Chief of the Patents Division of the Air Force Judge Advocate General stated that there appeared to be sufficient governmental mony to acquire a license to the patent, but that it would not be appropriate for the Air Force to do so because the making of the invention may not have been wholly unrelated to the duties of the employee. After reviewing the arguments presented, GAO concluded that it would be legal and appropriate for the Air Force inventioj acquire the license from the employee provided that he is not in violation of the conflict of interest statutes and regulations. The employee invented the device on his own time without the use of Government equipment, materials, or facilities. At the time, the employee did not have mojey and development responsibilities, and he developed the invention without the benefit of Government information.
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