Barlow & Seelig Manufacturing Co. v. Patch

The following opinion was filed June 21, 1939 :

Fairchild, J.

This is a question of meum et tuum, arising between an employer and his employee. The dispute is over the ownership of a patent, No. 1,964,440, which stands in the name of the'defendant Patch. The plaintiff claims to be entitled to an assignment because the invention was developed while Patch was in its employ. The defendant contends that the plaintiff’s only interest in the invention is a nonexclusive right to use it in the machines which are manufactured at the plaintiff’s factory. He claims that the patent remains his property and…