Posted on 01/08/2010 9:29:01 AM PST by killermosquito
I've created a number of software tools which I use and would like to someday make into commercial products. I'm on the verge of getting a new job and would like to protect my rights to my creations...
If your products are ready you need to either copyright them now or put them out as shareware before you take the new job. There may be a conflict if the firm you get a job with is developing similar products that would compete with yours though.
To truly protect your interest, you're going to have to file copyright applications before signing any employment agreement. I don't know the value of your creation(s), but the actual cost of copyright application is less than $100. If you retain the services of an attorney to help - which depending upon the complexity of your application, would probably be wise - is going to cost you another $300-$1,000.
It would probably cost an additional #300-$500 if you wanted representation to review your employment contract to make sure you're protecting prior your prior work.
So, if you willing to invest around $1500, then hire a pro. If not, the the US Copyright office (www.copyright.gov) has some tremendous information and is a great place to start for do-it-yourselfers.
US Patent your ideas. Then if you want to sell them later, you can do so.
In addition to what Bad Jack Bauer said, patenting has significant legal advantages over common law rights.
Send yourself a self-addressed registered letter in 9 x 12 inch envelope together with a notarized document that has 3 witnessed, dated signatures [trusted friends etc to whom you have shown the program(s)] and that you show to the notary together with the program reference to the information and a file title- adobe or etc - I did this for several pre-patent documentations- it used to be good for 3 years... dunno what it is now. Make 3 copies of the documentation. Then find patent attorney for $3000.
Find a corporate law firm that has a IP Department and it shouldn’t cost more than $1,500. Use Martindale-Hubble on line and find an attorney outside the “big bucks” coastal cities. You’d be amazed how many have offices in places like — oh, say Omaha, NB or Wichita, KS. This kind of work doesn’t require local counsel.
I don’t think patenting has anything to do with this, at least based on the brief introduction given above. If there happened to be a novel way to solve a problem in a software, or a combination of which is novel and has some advantages, then there might be a room for a patent application.
It is also a bit unclear what the original poster actually wants. If he merely wants to be able to use the software products later without the employer claiming ownership, then he he just needs to document somehow that he were in the possession of the software beforehand (any kind of evidence if enough - maybe just send them via secure email address to yourself).
/Not a legal advice
sending yourself envelopes with stuff in them has no standing in court anymore. Its a rumor which will cost you in the end if you have to fight it.
US copyright office, and potentially patent it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.