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Marcos, a software engineer, is employed by TechMinds Corp. He signs an inventions clause stating: “All inventions conceived or reduced to practice by an employee during the term of employment, and related to TechMinds’s business or developed with TechMinds’s time, facilities, or resources, shall be the sole property of TechMinds.” During a two-week sabbatical, Marcos develops a novel data compression algorithm that improves a field outside TechMinds’s business, entirely on his own time using his personal laptop and software. He files for a patent in his name. TechMinds seeks ownership. (a)Who owns the patent given these facts? (b)What is the controlling doctrine at play, and how does it apply to the facts? (c)If TechMinds wishes to assert ownership, what must it prove to overcome Marcos’s title to the patent, and how would the outcome change if Marcos had used TechMinds’s resources or if the invention related to TechMinds’s business?

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