Re: [FRIAM] Ownership of expired patent

2019-07-06 Thread Ron Newman
Good point on time limit. I'll check my papers in storage in case they're there. Ron Newman, M.S., M.M.E. Founder, IdeaTreeLive.com Knowledge Modeling www.RonPiano.com Blog On Sat, Jul 6, 2019 at 3:30 PM Barry MacKichan < barry.m

Re: [FRIAM] Ownership of expired patent

2019-07-06 Thread Barry MacKichan
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

Re: [FRIAM] Ownership of expired patent

2019-07-03 Thread Russell Standish
On Tue, Jul 02, 2019 at 04:55:59PM -0600, 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 agree

Re: [FRIAM] Ownership of expired patent

2019-07-02 Thread Stephen Guerin
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 t

Re: [FRIAM] Ownership of expired patent

2019-07-02 Thread Ron Newman
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 Knowledge Modeling www.RonPiano.com Blog

Re: [FRIAM] Ownership of expired patent

2019-07-02 Thread Ron Newman
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 co

Re: [FRIAM] Ownership of expired patent

2019-07-02 Thread Tom Johnson
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

[FRIAM] Ownership of expired patent

2019-07-02 Thread Ron Newman
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.