Bayo Industrial Company (BIC) employed Bose to create a chemical formula needed for their top product, Product X. Bose successfully invented “Yellow Point”, a chemical that radically changed the game for BIC. After 3years, Bose asked BIC for his invention insisting that he owned Yellow Point.

In this case, who owns the invention?

Section 2 of the Patent and Designs Act states that the right in a patent to an invention made in the course of employment is vested in the employer.

Employees like Bose, will be entitled to only fair remuneration taking into account their salary and the importance of the invention.

Also, a person that merely assisted in doing work connected with the development of an invention without contributing any inventive activity is not an inventor.

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