Inventions and Intellectual Property - Physician Contract Glossary

Inventions and Intellectual Property

Definition

Specifies ownership of ideas, research, or products you create during employment.

Examples in Context

“All inventions, patents, or intellectual property developed during employment are the property of the employer.”

“The physician agrees to assign all rights to any medical device, treatment protocol, or research findings created during their employment to the employer.”

“Any works of authorship, including publications, developed by the physician during the term of employment shall become the intellectual property of the practice.”

Implications for Physicians

• May restrict your rights to profit from inventions created outside work hours.
• Could affect your ability to publish research or commercialize medical devices.
• May require employer approval before engaging in intellectual property activities.

Negotiation Tips

• Ask for exceptions for work developed on personal time with personal resources.
• Request that you retain rights to publications or educational content.
• Negotiate the ability to pursue independent research without employer claims.

Red Flags and Pitfalls

• Vague clauses may unintentionally transfer ownership of unrelated intellectual property.
• Employers may claim ownership of inventions unrelated to your specialty.
• Some contracts may prevent you from participating in medical device startups or consulting roles without employer approval.

Related Terms

• Confidentiality Covenant
• Restricted Activities
• Equity Ownership

FAQs

• “Can my employer claim ownership of my research?”
  • Yes, unless your contract specifically excludes personal research or non-work-related projects.
• “Can I negotiate to retain ownership of my inventions?”
  • Yes. Ask for a contract clause that excludes inventions developed outside of work hours or without employer resources.
• “What happens if I collaborate with others on a project?”
  • Specify in your contract how joint research or collaborations will be handled to ensure fair ownership terms.

Legal Disclaimer

The information provided in this glossary is for educational and informational purposes only and should not be construed as legal advice. While we strive to provide accurate and up-to-date information, this content is intended to help physicians better understand common contract terms and does not replace professional legal guidance.

For personalized advice regarding your employment contract or other legal concerns, we strongly recommend consulting with a qualified attorney who specializes in physician employment contracts.

You can find experienced legal professionals through our Physician Contract Lawyer Directory.