Re: Jail For Sharing Our Favourite Song Tabs/ LYRICS
- From: bjacoby@xxxxxxxxxxx
- Date: 13 Dec 2005 21:32:52 -0800
>> That's one way to describe it. Hysterical and inaccurate, but a
>> description nonetheless. Employers who hire people to design patentable
>> products own the patent rights as "works for hire." The inventors are
>> paid salaries, it's their job to invent.
I'd expect this kind of deflection out of a lawyer like Brian. Name
calling and fact bending is what he does for a living. As expected, he
sets up a strawman (assignment of rights) and proceeds to chop him to
pieces right in front of us all. Too bad my point was NOT assigment of
rights but rather the "hysterical and inaccurate" topic of people who
are NOT part of the inventing process taking credit by having their
names illegally placed on the patent. Doing that is essentially lying
under oath.
>My day job is of this nature. I signed away my patent rights when I was
>hired, but I benefit from the arrangement in a number of ways,
>including:
Sure the inventor has the option of selling his rights. I've had a job
like this too. BUT when I began working at this (large) outfit it was
standard practice for a host of bosses to attach their names to patent
applications as a matter or course. Eventually the legal department
came down with an opinion that this practice was not only illegal but
put the validity of the patents in jeapardy. So that pretty much
stopped (or at least greatly reduced) the practice. They also bumped up
the $1 assignment fee to a fatter number which was nice, though not
necessary. But I can tell you that this boss thing is VERY common
practice out there. And just exactly how much "street cred" do I score
as in inventor when my name gets stripped (see below) and the boss
grabs credit in my place?
My fav story in this regard was a large patent a bunch of us all worked
on. The people who actually came up with the idea were a couple of
persons one of whom left the company soon thereafter, a tech, and me.
So time comes to apply for a patent. By now my old boss is replaced by
a new boss. The patent goes in and guess who ISN'T on it? Me, (because
they knew I didn't give a damn), The tech (low level employes not
allowed to take credit for anything), and the guy no longer with the
company (out of sight, out of mind). Guess who IS on it? Right, my old
boss AND my NEW boss. And here's the punch line to the story: Soon
after I get a call from the new boss. He drags me up to his office and
sheepishly asks me to explain to him exactly how HIS patent works!!!
And I did. Feh!
Benj
.
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