If an employee creates an invention at home entirely and then brings it to work, who owns it?

Question

The invention was rejected by employer. Later the invention was damaged in a fire at work but the employer reimbursed the employee as their personal belongings and told not to bring personal items to work again.

Kevin E. Flynn · Answer

Greetings, 
Your question seems like a patent question but it actually a state law question.  It may hinge on your role at the company and any employment agreements you have.  There may be special state laws that override the employment agreement.   
So you will need to talk to an employment attorney in your state.  
Good luck.

James L. Arrasmith · Answer

Ownership of the invention typically depends on the terms of your employment agreement and any intellectual property policies in place. If you created the invention entirely at home, on your own time, and without using company resources, it is likely that you own it, especially if the employer rejected it. However, if your employment contract contains clauses regarding inventions, the company may have a claim to it, even if developed outside work hours. 
 
Since the employer reimbursed you for the damage and classified it as a personal belonging, that action further indicates that they viewed the invention as your property, not theirs. Their request for you not to bring personal items to work supports this view as well. 
 
To fully protect your ownership, review any agreements you signed with the company, such as intellectual property clauses in your contract. If you're unsure about how those apply, it might be a good idea to seek legal advice for clarity.

Q: If an employee creates an invention at home entirely and then brings it to work, who owns it?