Issues in IP for start-ups
Christopher J. McKenna of Foley & Lardner identifies three potential
issues in obtaining IP for startups:
1. An inventor had existing obligations to assign his or her rights to the invention to a third-party.
2. An inventor has not or refuses to assign his or her IP rights to the startup
3. Failing to secure IP rights from an independent contractor or company engaged by the startup
One notes that there are other problems. The contract with the inventor may not be properly drafted. Recall
Stanford University v. Roche Molecular Systems, Inc. Wikipedia noted: it was clear that the problems arose because of Stanford's "failure to negotiate a tight assignment agreement with its researchers and scientists"