[FRIAM] Ownership of expired patent

Sat Jul 6 17:30:16 EDT 2019

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
> _______________________________________________________________________
> CEO, Simtable  http://www.simtable.com
> 1600 Lena St #D1, Santa Fe, NM 87505
> office: (505)995-0206 mobile: (505)577-5828
> twitter: @simtable
>
>
> On Tue, Jul 2, 2019 at 4:13 PM Ron Newman <ron.newman at 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.newman at 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 <tom at jtjohnson.com> 
>>> wrote:
>>>
>>>> Would not the corporation have to renew the patent at some point?
>>>> Tom
>>>>
>>>> ============================================
>>>> Tom Johnson - tom at 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.newman at 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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