Complete Case details are given below :
Case Name : Mak vs. Canadian Corn Hybrid Research Institute
Authors : Marc Banik
Source : Ivey Publishing
Case ID : 906C09
Discipline : Human Resource Management
Case Length : 22 pages
Solution Sample availability : YES
Plagiarism : NO (100% Original work)
Description for case is given below :
A polymer chemist initiated a lawsuit against a national research institute for having failed to pursue a patent on his behalf, while he was employed as a post-doctoral research fellow. The chemist must now decide whether to accept a pre-judgment cash settlement of less than one sixth what his lawyer claims he is entitled to. Among the questions raised in this case are: Should the research institute have pursued a patent for an invention it did not own? In letting the institute file the patent application on his behalf, did the chemist not tacitly agree to assign his invention to the institute? The case outlines the importance of human resource policies stipulating the ownership of inventions made by scientists employed by an agency or others working onsite. It also shows how problems of assignment of intellectual property rights, if not resolved, can lead to failed technology transfer. The case also provides a detailed look at how a scientist would report an invention to its technology transfer office in order that a patent might be applied for.
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