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Service Agreement Intellectual Property Wording
Posted by Anonymous . updated on 2/26/2009
I know very little about law which is why I was so surprised my boss gave me this task. The company I work for has a developing service contract with another company. In the contract they specify that all proprietary information developed by the company I work for will belong to this other company. My boss would like me to find wording to this effect: The proprietary information for their hardware developed by my company would be considered their intellectual property BUT, we want to keep the rights to the process.
I'm sorry if I posted this in the wrong forum but I did look around a little bit and assumed this would be the correct place. Thank you for any help you can provide.
Answers (2)
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Isaac
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I hope proprietary is defined somehow, because I'm not sure what it means in this context.
I'm assuming from your post that you will be developing software for someone's hardware. ? ?It is not clear to me in what sense information that you find out during development would be considered proprietary in the ordinary sense. ? I'm guessing proprietary means any information that you could only have learned because of the work you've been contracted to do.
I'm also not clear what rights you are trying to keep.
I would suggest that you've been assigned a task that can best be performed in consultation with an attorney whom you can discuss the details in confidence.
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Nick De...
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I supose I shouldn't have used the word "information". My company will be developing software for this other company. The other company wants rights to all proprietary software developed and the processes of developing them. The problem is that the processes used to create the proprietary software for the other company were also used to design proprietary software for other companies we contract with.
My boss simply stated that we need to keep the rights to the "process" and they can keep the software.
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