[Novalug] what to do with IP on pseudo-dead project
JRR
energy.wwind@cox.net
Tue Jul 21 16:47:49 EDT 2009
Ni Hoa;
I took a couple of classes in Patent Law at Maryland as I graduated
with my
Bachelor's degree in engineering. Under the old system US Patents
were in force
17 years from the date if granting not from the date of filling and
damages could be
collected retroactively from the date of notice "Patent Pending" on
the product.
This created a juggling act on the part of Patent Atty's to extend
the "pendingness"
of the proposed Patents.
Under the new system Patents are in force 20 years from the date of
filing ( if they
get approved / granted ) Eliminating the juggling.
US Patents are evaluated from the date of first conceptoin and first
reduction to
practice. CHINA and JAPAN do not do this. It is strictly based on
first date to
file. (the Patent)
So If you want protection in J/C you'd better file promptly.
Technology advances in
wavelets..... and the ones with the most $$ potential have a steeper
gradient (slope)
than others.
Putting technology development on hold was / is a classic move in a
M$ take over / buy out
of a small company. The staff of the small Co. is put to work doing
something else after the
entire place has been sanitized of all traces of the previous
project(s). They are so involved
in doing something totally unrealted to their previous thread that
they "loose the wave"
and are no longer on the leading edge of that technology wavelet.
jerry w wrote:
> or write something else/better from scratch
> with the ideas, er. experience learned there,
> based on better legal and social assumptions
> (open source vs closed source IP)
> and consider any remaining legal issues your
> golden parachute?
>
>
> On Mon, Jul 20, 2009 at 1:44 PM, American Dave<novalug@soupy.org> wrote:
>
>> On Mon, Jul 20, 2009 at 10:31:58AM -0700, Walt Smith wrote:
>>
>>
>>> Is there a way to save the IP that the company can't let go of ?
>>> Who decides ?
>>> When is the "right time" ?
>>> What is the "Right way" ? Of course, this asks the q:
>>> couldn't the code be placed in GPL or such. Couldn't the
>>> hardware IP be "opened " ?
>>>
>> In short, no. If your company will not play ball, it's end-of-story.
>> It really depends on your management, and even then, what
>> your organization will allow. Did legal sign off? Did you get
>> permission in-writing? Is your code honestly clean?
>>
>> One "Right Way" of doing this is to get your wishes in writing. If you
>> want to go Free Software/Open source, you're best to start the process up-front
>> and immediately. You'll want to make sure everyone respects the
>> licenses of everything they're involved in. Did someone in your
>> organization sign something that says you can't use their stuff and work
>> on something similar? Did you benchmark that specific database
>> technology and put slides online? You'd be amazed at what you have to
>> pay attention to.
>>
>>
>>> With the thousands of companies that kill projects, or simply
>>> go out of business, isn't there
>>> a tremendous waste of resources and IP that could be recycled ?
>>>
>> Yes. You'd be amazed at what is tossed, decommissioned, or simply just
>> ignored. I'd encourage you to fight the good fight though, as many
>> times such causes need only someone willing to go through the effort.
>> -A. Dave
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