Simple English definitions for legal terms
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Shop right: When someone works for a company and uses the company's money and things to make an invention, the company gets a special right called a shop right. This means they can use the invention too, even if the person who made it still owns it. It's like the company gets to borrow the invention forever. This is because the company helped make it happen by providing resources.
Shop right is a term used in patents that refers to an employer's right to use an employee's invention if the employee created it while working for the company and used company resources to develop it. This right is irrevocable, nonassignable, nonexclusive, and royalty-free.
For example, if an employee at a tech company creates a new software program using the company's computers and software, the employer has the right to use that program without paying the employee any additional royalties. This is because the employer provided the resources necessary for the employee to create the program.
The term "shop right" comes from the idea that the right belongs to the company, not the employee. Even if the employee retains the patent for the invention, the employer still has the right to use it.
It's important to note that if an employee creates an invention independently, without using any company resources, they are the sole owner of the invention. However, if they use company resources, the employer is entitled to compensation under the shop-right doctrine.