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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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If I have provided the idea and design for software but another

Resolved Question:

If I have provided the idea and design for software but another person did the actual coding, who 'owns' the product developed?
Submitted: 3 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

Generally both co-owns the rights to the product. Since both are needed (you need someone to think up the software, and someone to actually code it correctly), unless there is an agreement between parties where the programmer agreed to code without obtaining rights and that the other party kept the rights (essentially the code programmer was an employee or an independent contractor and this was a "work for hire" rather than a joint effort), both own it and the profits from it.

Good luck.
Customer: replied 3 years ago.

The system was developed with NIH grant funds and through our institution; what should we provide to an IP lawyer and/or a patent lawyer?

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

You have to provide the attorney with names of inventors and with any agreements or terms and conditions under which those parties collaborated on the software. You would also be requested to provide a copy of the working code so that upon a patent search they could ensure that the code being used is not currently protected, in use, or already patented by someone else.

Good luck.
Customer: replied 3 years ago.

Thank you.

Please specify: the IP attorney gets which documents, and the Patent attorney gets what?

 

 

Expert:  Dimitry K., Esq. replied 3 years ago.
I am sorry but a patent attorney is a type of an IP attorney. It is just a further specialization between them. You can get by with jsut retaining an IP attorney that is licensed to do patent prosecution on your behalf. The attorneys get all your contracts, schematics, working prototypes, dates of invention/creation, and any supporting documentation to the code.

Good luck.
Customer: replied 3 years ago.
So if my IP lawyer tells me he needs to bring in a patent attorney, this is unusual?
Expert:  Dimitry K., Esq. replied 3 years ago.
No, it is not unusual at all, it is just that you can typically save costs by having a patent attorney involved from the beginning. A patent attorney does ONLY patents but to do that he has to be specially licensed through the USPTO. An IP attorney without a license can handle copyrights, trademarks, trade secrets which do not require special licensing. Due to the highly technical and specialized nature of a patent that is why an attorney has to go through that additional step (and why a patent attorney generally charges much more than an IP attorney without a patent license).

Good luck.
Customer: replied 3 years ago.

That is clear. One more question: If I leave the institution I am at, would the IP and patent go with me, or stay with the institution?

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

Barring any agreements it would likely stay with an institution since while employed there, the item is likely to be deemed a "work for hire" that is owned by the entity, specifically because you created it for them and under their specifications for value (for money).

Good luck.
Customer: replied 3 years ago.

Thank you; this was helpful.

 

Expert:  Dimitry K., Esq. replied 3 years ago.

You are most welcome, happy to hear I was able to help. Please do not forget to press the green accept button so I can be compensated for my assistance. Thank you.

 

Sincerely,

 

Dimitry Alexander Kaplun, Esq.

Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 37118
Experience: Run my own successful business/contract law practice.
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