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Patents and Copywrite Law
Posted by . updated on 3/14/2004
My company is having a new computer system developed that is specific to the needs of our business. The company developing the software suggested that we patent the software. My concern is that they want to join with us to market the product to other similar businesses in the country. My question is: can the developers sell or market this software without the consent of the officers of my company, (I beleive we are the owners of the software) and, if any, what would be the ramifications of doing this?
Answers (2)
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Gerald ...
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You are the owners of the software if you have a written agreement to that effect. If you patent the software you will be the sole owner and the software company can not sell the software without your company's permission. I suggest that might want to clarify the arrangement with your developer in writing to avoid future problems. Gerald Hershenson Esq. 215-579-9390
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Joseph ...
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Dear Sir, You need to be extremely careful about how the development agreement is drafted with the 3rd party software developer. More specifically, you must be sure there is a 'work for hire' clause (pursuant to the US Copyright Act) in the agreement that states that all 'work for hire' is the exclusive property of your company. Something to the effect of "DEVELOPER SPECIFICALLY ACKNOWLEDGES THAT ALL SUCH WORK MADE FOR HIRE SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF COMPANY. In the event that for any reason the Works are not subject to the "works made for hire" provisions of the U.S. Copyright Act, then Developer agrees to assign, and does hereby assign, to Company all of Developer's rights, title and interest in and to the Works..." I have extensive experience with these types of agreements having worked for many years at a custom software development firm handling all business and legal affairs. Please feel free to contact me with any questions. I am more than happy to answer any questions for you. Regards, Joseph C. Guagliardo, Esq. jcg@jcglegal.com 215.704.1767 (phone) DISCLAIMER: J. Guagliardo Associates prepared the material contained in this email for informational purposes only. These materials do not constitute advertising, a solicitation, or legal advice. Your use of this information does not create or constitute an attorney-client relationship and the information provided at or through this email is not privileged. The act of sending an email to J. Guagliardo Associates or Mr. Guagliardo does not create an attorney-client relationship and any information contained in an email may not be privileged. Do not send J. Guagliardo Associates any information concerning a potential legal representation until you have spoken with an attorney and obtained authorization to send that information. You should not consider these materials to be an invitation for an attorney-client relationship or an offer to represent you. You should not act, or refrain from acting, based upon any information in this email without consulting an attorney.
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