EMPLOYMENT OF AN ENGINEEK 87 



in contracts entered into by them, was to take out the quan- 

 tities and to be paid by the successful competitor, and to 

 superintend drainage works as their engineer. His remunera- 

 tion was to be calculated as a percentage on the outlay. It 

 was held that he was liable to a penalty under the section. 



(c) Employment by other local authorities. The other local 

 authorities with which an engineer may from time to time be 

 brought into contact are county councils, boards of guardians, 

 rural district councils, drainage boards, colleges, school boards, 

 education authorities, and deans and chapters. In entering 

 into professional relations with all of these the golden rule is 

 to insist on a contract under seal. Where, however, engi- 

 neering contractors undertake work which is of an essential 

 character the seal will not be insisted upon. So where there 

 was an order for new iron gates to a workhouse (Sanders v. 

 St. Neots Union, 1846, 8 Q. B. 810), and, in another instance, 

 a contract for the erection of water closets in a workhouse, the 

 seal was not insisted on. 



28. Right to take out patents. The engineer who occupies 

 a salaried position is sometimes troubled to know whether the 

 products of his inventive genius are the property of his 

 employer. It may be stated at once that there is no case 

 which lays down that the invention of a servant, even when 

 made in the employer's time, with the use of the employer's 

 materials, and at the expense of the employer, becomes the 

 property of the employer, so as to prevent the person 

 employed taking out a patent for it (see He-aid's Case, 8 R. P. C. 

 430). Nor would an inventor be bound to assign his patent to 

 his employer, unless he was under agreement to do so. But 

 if an employee were to steal an idea, either before or after the 

 termination of his service, the employer would be entitled to 

 oppose the grant of a patent in respect of it (Thwaites* 

 Application, 9 R. P. C. 515. See also Marshall < Naylor's 

 Patent, 17 E. P. C. 553; Edisonia, Ltd. v. Forse, 1908, 

 25 R. P. C. 546). 



