Legal Eye: Building a better mousetrap
"If a man...can make a better mousetrap than his neighbor,...the world will make a beaten path to his door." - attributed to Ralph Waldo Emerson
Technology and innovation are all about perfecting the proverbial mousetrap. Even if you are a pupil of Emerson, or otherwise a proponent of lofty humanitarian ideals, you are probably interested in some recognition and possibly profit from your better mousetrap. When the world finds your door, copyright and patent law are intended to prevent it from making off with your great innovation.
General rule
Typically, if you were the first to sketch out that better mousetrap, write a description of it or build it, you're the owner. You have the right to publish copies of your mousetrap sketch and description, patent its design, claim authorship, grant rights of use, or let your great innovation sit moldering in a drawer. Any profit from your great innovation should be making its way to you.
The major exception to this rule relates to employees. If you were hired to write great mousetrap descriptions or to dream up fantastical new designs, you are not the owner of the innovation or work. Your employer is, according to the work-for-hire rule.
Assignment
You may assign both the right to obtain a patent on your new mousetrap design and the economic copyright in your mousetrap description.
Only a few formalities are required for assignment. Among others, the agreement must be in writing. Unless you specify that the assignment is free-of-charge, the inventor/author is supposed to receive some pay. The assignment must relate to a work or invention already in existence or specifically anticipated. Under copyright law, you may not attempt to assign all future works that you may create.
Promoting innovation
Copyright and patent law is designed to allow the inventor/author of a better mousetrap to take advantage of that great new innovation. However, they also seek to encourage further innovation. Patents are purposefully published in order that all may see the design and attempt to dream up improvements. Although certain limitations on use would apply, you may prepare a 'derivative work', such as a translation into Polish of my mousetrap description (or this article, for that matter). Most importantly, if this article inspires you to sit down and to create that better mousetrap, you don't owe me a grosz. Feel free, though, to name me as your muse.
Judith Gliniecki is the managing partner of Rymar and Partners
Technology and innovation are all about perfecting the proverbial mousetrap. Even if you are a pupil of Emerson, or otherwise a proponent of lofty humanitarian ideals, you are probably interested in some recognition and possibly profit from your better mousetrap. When the world finds your door, copyright and patent law are intended to prevent it from making off with your great innovation.
General rule
Typically, if you were the first to sketch out that better mousetrap, write a description of it or build it, you're the owner. You have the right to publish copies of your mousetrap sketch and description, patent its design, claim authorship, grant rights of use, or let your great innovation sit moldering in a drawer. Any profit from your great innovation should be making its way to you.
The major exception to this rule relates to employees. If you were hired to write great mousetrap descriptions or to dream up fantastical new designs, you are not the owner of the innovation or work. Your employer is, according to the work-for-hire rule.
Assignment
You may assign both the right to obtain a patent on your new mousetrap design and the economic copyright in your mousetrap description.
Only a few formalities are required for assignment. Among others, the agreement must be in writing. Unless you specify that the assignment is free-of-charge, the inventor/author is supposed to receive some pay. The assignment must relate to a work or invention already in existence or specifically anticipated. Under copyright law, you may not attempt to assign all future works that you may create.
Promoting innovation
Copyright and patent law is designed to allow the inventor/author of a better mousetrap to take advantage of that great new innovation. However, they also seek to encourage further innovation. Patents are purposefully published in order that all may see the design and attempt to dream up improvements. Although certain limitations on use would apply, you may prepare a 'derivative work', such as a translation into Polish of my mousetrap description (or this article, for that matter). Most importantly, if this article inspires you to sit down and to create that better mousetrap, you don't owe me a grosz. Feel free, though, to name me as your muse.
Judith Gliniecki is the managing partner of Rymar and Partners
