Re: Copyright vs Patent

Subject: Re: Re: Copyright vs Patent

Comments:
: : 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 : : appreciated. : Dear JLS, : 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, aus@auslander.com : ELAINE's Workshop™ : E arly L egal A dvice I s N ot E xpensive™

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