Who actually owns the invention?
In a series of blog posts, Marco Coolen offers a glimpse into his work as a Dutch and European patent attorney at AOMB.
Published on May 24, 2026
Marco, a patent attorney at AOMB since 2013, shares his expertise on IO+ about patents—how they work, why they matter, and when they lose their value.
Employment contracts are rarely exciting for entrepreneurs. They are about salary, vacation days and working hours. Matters you record once and then usually no longer look at. Until suddenly something valuable emerges. A smart solution, a new technology or even an invention that could really contain money.
And then comes the question that surprises many companies: who actually owns this?
Marco Coolen, photo © Bart van Overbeeke
Innovation arises on the work floor
Most inventions do not arise in a brainstorming session or strategy meeting. They arise during work. An engineer who makes a process smarter. A technician who improves a construction. A programmer who builds a more efficient solution.
Those are often small steps. But sometimes there is something among them that really makes a difference. And then ownership suddenly becomes important.
What the law says
In many cases, the right to an invention lies with the inventor themselves. But when someone makes an invention in the context of their work, that right can transfer to the employer.
That sounds clear. In practice, it often turns out to be less black and white. Because: was it part of the job? Did the employee use company resources? Did it arise during working hours or outside them? If all of that is not clearly recorded, discussion can arise.
Where things often go wrong
Many entrepreneurs rely on common sense.
“It is only logical that it belongs to the company.”
“He developed it here.”
“We worked on it together.”
And often that goes well. Until an invention really gains value. For example when a patent is applied for. Or when a technology becomes interesting to investors. Then it suddenly turns out that assumptions are not legal protection.
The power of clear agreements
That is why it is wise to explicitly arrange a few matters. Not complicated. But clear. For example:
- Ownership of inventions that arise during work
- Confidentiality of technical knowledge
- Publication and communication about new developments
With such agreements, everyone knows where the boundaries lie. Employees know what they can share and what remains internal. Entrepreneurs know that the value of innovations remains in the company.
The World of Patents
Marco Coolen takes us into the world of IP and patents every week.
Room for creativity
Clear rules are not meant to limit innovation, on the contrary. When ownership and confidentiality are clear, there is precisely room to experiment freely. People can share ideas without uncertainty arising later. And that prevents the most unpleasant situation: that a valuable invention unintentionally walks out the door.
The simple lesson
Innovation often arises by itself. But ownership does not. You have to organize that. Not only when an invention becomes worth money, but before it arises. Because a good agreement beforehand prevents a complicated discussion afterwards.