Re: Copyright vs Patent
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Posted by M. Arthur Auslander on September 07, 2001 at 08:12:33:
In Reply to: Copyright vs Patent posted by JLS on September 07, 2001 at 04:12:45:
: I developed a database using Microsoft Access on my
: home computer on my own time. My job is a military
: medic. My duties do not include developement of any
: kind of computer related products. My database was
: used for a 90 day trial period for a policy the
: commander was implementing. The database provided
: information regarding the effectiveness of his policy.
: After the 90 days I deleted the database but was
: pressured in putting it back on the computers. I
: informed them during the 90 day period that I intended
: on copyrighting the database. It can be used by any
: medical profession that does physical examinations.
: Now the military want me to fill out paperwork to
: determine if this "invention" is patentable and what
: their rights are to it. Based on copyright/paten/
: laws as I understand them it can't be patented but it
: can be copyrighted. Since it is not a work for hire
: does the military have any rights to the database?
: I do have on audio tape the conversation regarding the
: trial use of the database. Any help would be
My unresearched recolletion of military inventions is that there is a big risk that the Government may claim ownership. I think there is less copyright risk for personal work but system used in the military, my guess is they have a claim.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, email@example.com
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