Who owns a Prefessor's invention rights: the university or the professor? (North America)?

Answer 1

It depends upon the contract between the University and the professor. Most contracts (and almost all professors, particularly those doing research, have written contracts) specify the handling of any intellectual property developed during the term of the agreement, including disposition of rights.

If there is no agreement, the question becomes whether the invention is what the law calls a work for hire - that is, one done as part of the individual's duty to the employer. If it is a work for hire, in the absence of an agreement to the contrary, the employer owns the intellectual property, or, in this case, the invention.

Answer 2

The answer depends on the employment agreement between the university and the professor and other circumstances. If creating the invention is part of the professor's job, the rights most likely belong to the professor. If the professor created the invention on his or her own time and without using university resources, it probably belongs to the professor. However, you did not post enough facts about the situation for reach a definitive conclusion.

Answer 3

That depends on whether or not the terms of employment included and intellectual property aspect, and if it can be proved none of the university's time, money etc were spent on it. In other words, the PROfessor needs to be able to prove they never even thought of it, or about it at work.
This is not so easy to do unfortunatley and I know of at least 1 person who decided to hold a good invention until after their employment ended due to this.
HTH

Answer 4

they share unless the university has
a side agreement.

usually the univ takes it all.