In addition to the confidentiality and noncompete provisions, the employee handbook also contained a section about intellectual property. Employees are required to disclose any inventions made during the period of employment that are related to the company's business. Devlin created a new application “app” for mobile phones that will make it easier for customers to order food for delivery or takeout. The app provides additional access for blind and deaf customers so that they can also place orders by using the app. Devlin searched the patent applications and did not find any other patent that was similar to his new food-ordering app and intends to file for protection of his patent as soon as possible.
Evaluate the arguments for FSPC and Devlin concerning ownership of the invention under the following assumptions:
Devlin did not use any company resources, including time, to create the app.
Devlin used some company time and a computer to develop the app.