My understanding is the same as Steve’s, but I’d like to add that
most of these items can be overridden by other agreements such as NDA,
non-compete, etc. or the fine print in the work-for-hite agreement.
Usually when I had these agreements with employees, there was a time
limit in the contract. Check these if you still have them.
--Barry
On 2 Jul 2019, at 18:55, Stephen Guerin wrote:
Not a lawyer / this is my understanding.
Yes, the firm owns the copyright to the code and is a form of
intellectual
property independent of patent.
Copyright is owned by the author (or entity that had work-for-hire
agreements) at the moment of creation.
As an author or someone that had access to proprietary information
during
it's creation, you can not rewrite it in a different language or
transfer
any knowledge to someone who is. it would violate the copyright. If an
independent person saw the product and wanted to re-implement the
functionality without access to the code or other proprietary
information
they could do so in a "clean room design" process:
https://en.wikipedia.org/wiki/Clean_room_design
-Stephen
_______________________________________________________________________
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On Tue, Jul 2, 2019 at 4:13 PM Ron Newman <ron.new...@gmail.com>
wrote:
P.S. A more subtle question is what if I rewrote the
formerly-patented
application in a different language. Does a work-for-hire cover
ideas? I
think it does.
Ron Newman, M.S., M.M.E.
Founder, IdeaTreeLive.com <http://www.Ideatreelive.com> Knowledge
Modeling
www.RonPiano.com
Blog <https://blog.ideatreelive.com>
On Tue, Jul 2, 2019 at 4:11 PM Ron Newman <ron.new...@gmail.com>
wrote:
I think the patent, which is non-renewable, and the code
implementing the
patent are two separate things. The first they lose rights over,
but the
second is covered by a work-for-hire agreement since it could be
used
internally, or even sold as a product by the corporation without
patent.
But I could be wrong.
Ron Newman, M.S., M.M.E.
Founder, IdeaTreeLive.com <http://www.Ideatreelive.com> Knowledge
Modeling
www.RonPiano.com
Blog <https://blog.ideatreelive.com>
On Tue, Jul 2, 2019 at 4:06 PM Tom Johnson <t...@jtjohnson.com>
wrote:
Would not the corporation have to renew the patent at some point?
Tom
============================================
Tom Johnson - t...@jtjohnson.com
Institute for Analytic Journalism -- Santa Fe, NM USA
505.577.6482(c) 505.473.9646(h)
*NM Foundation for Open Government* <http://nmfog.org>
*Check out It's The People's Data
<https://www.facebook.com/pages/Its-The-Peoples-Data/1599854626919671>*
============================================
On Tue, Jul 2, 2019 at 3:55 PM Ron Newman <ron.new...@gmail.com>
wrote:
I was awarded a software patent 30 years ago while at a corporate
job.
That patent has since expired, of course. I assume I signed a
work-for-hire agreement the first day on that job.
Now that it's expired, I also assume the corporation still owns
the
code, and so I'm not free to open source it. Correct?
Any IP attorneys here?
Ron Newman, M.S., M.M.E.
Founder, IdeaTreeLive.com <http://www.Ideatreelive.com> Knowledge
Modeling
www.RonPiano.com
Blog <https://blog.ideatreelive.com>
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