Intellectual Property Attorney in Dayton, Ohio
Ideas are often just as valuable as physical assets. For employers and employees alike, intellectual property (IP) is a key component of growth, innovation, and long-term success.
When IP rights aren't clearly addressed in the workplace, it can lead to disputes, damaged business relationships, or even lost profits. Whether you're a business owner seeking to safeguard your innovations or an employee who’s contributed to valuable creations, understanding how IP works in the employment setting is essential.
When legal concerns arise over intellectual property in the workplace, it's easy to feel unsure about what to do next. You may be facing sensitive decisions about ownership rights, contracts, or legal obligations, and it can feel overwhelming.
Duwel Law has been providing trusted legal guidance in intellectual property matters for over 50 years. Located in Dayton, Ohio, our family-owned firm serves clients across Montgomery, Miami, Greene, Darke, and Warren counties. Our experienced attorneys are dedicated to safeguarding your rights and achieving favorable legal outcomes. Contact us today to learn how we can help protect your intellectual property.
What Is Intellectual Property in the Workplace?
Intellectual property refers to creations of the mind that have commercial value—things like inventions, brand identities, creative works, and proprietary methods. In the employment context, IP can take many forms, including software developed by a tech employee, marketing materials created by a designer, or proprietary formulas used by a chemist.
Employers often invest significant time and resources into developing these assets and want to prevent them from being misused or taken elsewhere. At the same time, employees may believe their personal contributions entitle them to recognition or ownership. That’s why clearly defined legal rights and obligations are so important.
Types of intellectual property commonly involved in employment include:
Patents: For inventions, processes, or machines.
Trademarks: For brand names, logos, and slogans.
Copyrights: For creative works like written content, music, software, or artwork.
Trade secrets: For confidential formulas, strategies, client lists, or manufacturing processes.
Miscommunication about who owns what can cause serious problems down the line. That’s where legal agreements and clear policies come into play.
Why Employment Agreements Matter
A carefully crafted employment agreement is a powerful tool for preventing disputes over intellectual property rights. These contracts clearly establish ownership of intellectual property created during employment. Without proper documentation, default state and federal laws may not reflect the intentions of either the employer or the employee.
Employment agreements that protect IP typically include:
Ownership clauses: Clearly state whether the employer or employee owns the IP.
Assignment clauses: Require employees to assign ownership of any inventions or creations to the employer.
Non-disclosure agreements (NDAs): Prevent employees from sharing confidential information or trade secrets.
Non-compete or non-solicitation clauses: Restrict employees from using IP to compete with the employer after leaving.
Even if the work is done during off-hours or outside the office, courts may still consider it employer-owned if it relates to the employee’s job duties or uses company resources. That’s why clear expectations—backed by written agreements—are critical for both parties.
Employee Inventions and Patent Ownership
Disputes frequently arise when an employee invents something valuable during their employment. The general rule is that an invention belongs to the person who created it—unless there’s a contract that states otherwise. However, several legal doctrines may still favor the employer, depending on the circumstances.
Factors courts consider when determining patent ownership include:
Scope of employment: Whether the invention was developed as part of the employee’s job.
Use of company resources: Whether company tools, time, or materials were used.
Pre-existing agreements: Whether the employee signed an assignment clause or IP agreement.
Hired-to-invent doctrine: Applies when an employee is specifically hired to develop new inventions or technologies.
Employers looking to protect patent rights should have employees sign invention assignment agreements at the start of employment. These agreements can clarify ownership and prevent litigation if a dispute arises later.
On the other hand, employees should be cautious when working on side projects or inventions while employed. What may seem like a personal endeavor could still be claimed by the employer if there’s overlap with job duties or use of company resources.
Copyright Ownership in Employment
Copyright protects original creative works, such as graphic designs, written content, software code, videos, and marketing materials. In most cases, the author or creator automatically owns the copyright—unless they’re working as an employee.
Under U.S. copyright law, there's a special category called “work made for hire.” If a work qualifies, the employer—not the individual creator—owns the copyright from the start.
To qualify as a work made for hire, the following must generally apply:
The work was created by an employee as part of their regular job duties.
There’s a written agreement confirming it’s a work made for hire (for contractors or freelancers).
The work fits into one of the recognized categories under the law (for non-employee creators).
Disputes often arise when a company uses creative works from contractors without clear contracts, or when employees assume they retain rights over work created on the job. Duwel Law helps clients draft and review employment and contractor agreements to define ownership and avoid confusion later.
Protecting Trade Secrets and Confidential Information
Trade secrets are some of the most valuable assets a company can own. They include client databases, manufacturing methods, pricing strategies, business plans, and any other confidential information that offers a competitive advantage.
Unlike patents or copyrights, trade secrets aren’t registered with the government. Their protection depends entirely on keeping them secret and showing that reasonable steps were taken to protect them.
Steps employers can take to protect trade secrets:
Use non-disclosure agreements (NDAs): Require employees and contractors to keep information confidential.
Limit access: Only share sensitive information with employees who need it.
Mark confidential documents: Label internal materials as “confidential” to reinforce their status.
Secure storage: Use password protection, encryption, and secure servers.
Employee exit procedures: Conduct exit interviews, retrieve devices, and remind departing employees of their obligations.
If a former employee misuses trade secrets, employers may have grounds for legal action under both state and federal law—including the federal Defend Trade Secrets Act. Duwel Law assists clients in bringing or defending against these claims and can help prevent issues through proactive policies and agreements.
Non-Compete and Non-Solicitation Agreements
Employers often worry that former employees will take IP or business relationships with them when they leave. That’s where non-compete and non-solicitation agreements come into play.
These clauses are intended to prevent a former employee from using proprietary information to:
Start a competing business
Work for a competitor in the same industry
Solicit clients or employees from their former employer
Common features of enforceable non-compete and non-solicitation clauses include:
Reasonable time limits: Typically between 6 months and 2 years.
Geographic limitations: Should be limited to areas where the employer operates.
Clear scope: Must define what’s prohibited (e.g., specific industries or clients).
Washington courts scrutinize these agreements closely. If the restrictions are too broad, they may be struck down. Duwel Law helps employers draft enforceable clauses and defends or challenges them in court when needed.
Employee Rights and IP Misuse Claims
While much of IP law protects employers, employees also have rights—especially if their work goes beyond the scope of employment or was created on personal time. Sometimes, employers may wrongly claim ownership of employee-created works or inventions.
Common employee-side concerns include:
Having a personal invention or project taken by an employer
Facing legal threats for side businesses or freelance work
Being accused of using trade secrets without basis
Feeling pressured to sign over rights without fair compensation
Duwel Law represents employees in disputes where IP ownership is contested or when their rights have been violated. They also advise employees before signing contracts or starting a new job where IP issues may arise.
Litigation and Dispute Resolution
When IP issues escalate into legal disputes, litigation may be necessary. Whether a former employee is accused of taking trade secrets, or an employer is alleged to have violated copyright law, having experienced counsel is key.
Common legal actions in IP employment disputes include:
Injunctions to stop ongoing IP misuse
Breach of contract claims
Trade secret misappropriation lawsuits
Declaratory judgments to clarify ownership
Damages claims for lost profits or royalties
Litigation can be expensive and time-consuming, but sometimes it’s the only way to protect valuable rights. Duwel Law works with clients to prepare for court when necessary and explore resolution options outside of court when possible.