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Need Help on Itellectual Property
Posted by Anonymous . updated on 2/26/2009
I desparatly need some advice. I currently own a small business that is geared towards a very small and focused market. In the course of doing business I came across a customer that stated he could build me a better web application. After significant input from me he built the app. Without me he could have not built the application to have all the functionality that it currently has. At the time he built it he was and still is a part owner of an IT company. We decided that we wanted to market the application to others in my market. His partners are now saying they own the software and the IP rights. Furthermore they contend that no one can go out and copy the idea and if they do, they will take action. If we can not come to some kind of agreement, I want to go out and have someone else build me another application. I do not contest that they own the application, but I believe I can go out and build an application on my own. FYI nothing has ever been put in writing and there are no signed agreements. Any advice would be greatly appreciated.
Answers (3)
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Criteri...
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Technically this probably belongs in the Patent/Invention ownership thread. In any event, it sounds as if you may have a case against this other guy and his partners (or something to that extent). If you contributed to an invention claimed by a patent application (not financially but conceptually/mechanically), then you are entitled to be named as an inventor on the patent application (in fact you are required to be named).
There could be copyright issues at play as well. I'm not sure anyone here will be able to give you any real useful advice on what to do next, other than suggesting you might want to get in touch with an attorney. There are a few attorneys that post regularly on these boards who I am sure could help you. I am not an attorney but could help refer you to one if you wanted.
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needhelp
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Thanks for the response, obviously I am new here and I thought I was in the right forum. Seeing that we are discussing a software application I thought this was the right place. I was hoping someone could just tell me that I can go out and have a similar application built and not worry about any repercussions from his company. Again thank you for your response. Anyone else with some advice?
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Criteri...
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Quote from: needhelp on 02-07-08 at 08:19 pm I was hoping somene could just tell me that I can go out and have a similar application built and not worry about any repercussions from his company.
First, it would be tough for anyone to tell you that without knowing specifics of the situation.
Second, even in the event you were legally in the right, it does not mean that your "competition" couldn't possibly make your life a little more stressful. It would sound to me like there are some things you probably should do (or at least could do) right now, even if you don't necessarily have to.
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