[AccessD] Database Patent...sort of....kinda

Julie Reardon prosoft6 at hotmail.com
Mon Sep 17 12:12:49 CDT 2007


Is that an official, lawyer-type answer?  Can we bank on that as a response
officially?

Julie Reardon
PRO-SOFT of NY, Inc.
44 Public Square, Suite 5
Watertown, NY  13601
Phone:  315.785.0319
Fax:  315.785.0323
NYS IT Contract#CMT026A
NYS Certified Woman-Owned Business
www.pro-soft.net

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Dan Waters
Sent: Monday, September 17, 2007 12:45 PM
To: 'Access Developers discussion and problem solving'
Subject: Re: [AccessD] Database Patent...sort of....kinda

All patents and inventions automatically belong to the inventor or author,
unless that person agrees to reassign the rights.  Typically a company will
want certain employees to agree to this reassignment before they give you a
job (and they won't give you the job unless you do agree).  

If a person comes up with an invention or copyright, the company can't force
a person to reassign the rights, unless there is a prior agreement to do so.

Dan

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Robert L. Stewart
Sent: Monday, September 17, 2007 11:03 AM
To: accessd at databaseadvisors.com
Subject: Re: [AccessD] Database Patent...sort of....kinda

If you were an employee, technically it is theirs.

If you were paid to develop it specifically, as a
contractor, it depends on the state. If they did not
have you sign a contract stating it was theirs, it
could possibly be yours.

Patent, I doubt it.

At 09:26 AM 9/17/2007, you wrote:
>Date: Sun, 16 Sep 2007 21:30:10 -0400
>From: "jwcolby" <jwcolby at colbyconsulting.com>
>Subject: Re: [AccessD] Database Patent...sort of....kinda
>To: "'Access Developers discussion and problem solving'"
>         <accessd at databaseadvisors.com>
>Message-ID: <006501c7f8ca$4a721060$6c7aa8c0 at M90>
>Content-Type: text/plain;       charset="us-ascii"
>
>Both companies out of business, you developed it for pay for an insolvent
>business.  I would say that you are bringing prior experience to company C,
>which happens to include code and ideas gleaned from time spent working for
>companies no longer in business.  My first take would be no problem.
>
>
>John W. Colby
>Colby Consulting
>www.ColbyConsulting.com
>-----Original Message-----
>From: accessd-bounces at databaseadvisors.com
>[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Dian
>Sent: Sunday, September 16, 2007 6:38 PM
>To: 'Access Developers discussion and problem solving'
>Subject: Re: [AccessD] Database Patent...sort of....kinda
>
>OK...I give up...I've thought about this all weekend and I'm supposed to
>have an answer tomorrow and I don't. This is ethical and moral and legal, I
>think. Years ago, I worked for a title insurance company that dealt with
>timeshares. At their request, I created an application to deal with some of
>the special issues that affect timeshares and title insurance. That was my
>first Access database. I left the company and the database...it belonged to
>them. No problem. I went to work for another title company and created the
>database application they needed to deal with their timeshare issues
(didn't
>use the old one....sorta recreated a new one). So far, so good. Not a moral
>or ethical issue involved. That company fell apart and I moved on. Now, the
>unethical part. The company fell apart and I took the the database home
with
>me because nobody cared. I "play" with it...have test data, etc., easily
>available and I have implemented a number of the ideas I've gleaned from
>this group (for which I will always be grateful)...now comes the ethical
>question: Owner A couldn't care less (they don't do timeshares now); Owner
B
>is out of business entirely. IF I choose to work with C, am I doing
anything
>wrong by using the framework I've "played" with over the years. My
>apologies...I know this is weird...but, honestly, I have no clue who else
to
>ask. Thank you...


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