Joliet Manufacturing Co. v. Dice

Citations

• 105 Ill. 649
• 1883 Ill. LEXIS 132

Syllabus

<p>1. Invention—-m whom is the property when made while in the service of another—construction of a contract of employment. The general rule is, that when a mechanic, in laboring for an employer in the construction of a machine, invents a valuable improvement, the invention is the property of the inventor, and not that of his employer. It may be that when the employer hires a man of supposed inventive mind to invent for the employer an improvement in a given machine, under a special contract that the employer shall own the invention when made, the invention, if so made, would in equity become the property of the employer.</p> <p>2. A workman, while in the employ of a company engaged in the manufacture of “shelters and powers,” invented a “check rower,” his contract providing that future improvements in the manufacture of “shelters and powers” made by him should belong to the company, and that he would work for the best interests of the company in every way he could, and that such aid, in whatever way given, should belong to the company,—“that is, future improvements he may cause to be made,” etc: Held, that the company was not entitled, in equity, to have the invention as to “check rowers” transferred to it as its exclusive property, and compel the inventor to assign away his right to a patent. The words “future improvements, ” have reference only to improvements in shelters and powers, and not to “check rowers.”</p>