Run of the mill software patents

[cheezwhiz]

I'm a patent attorney, considering starting a software company - used to write code.  I don't intend to take a huge risk on one big "dreamer" type idea.  Instead, I plan to simply do freelance software consulting.  A few questions:

1)  One of my ideas for a business is "a program and a patent (application)."  The idea is that if someone needs an application developed, I could write the code for them, and, if it appears there is a novel feature, we could also file an application.  Whether the customer, myself, or both would need to be listed as an inventor would essentially be a game-time decision, depending on who contributes what to the software.  Thoughts on this?  Ways to avoid professional responsibility issues?  I don't want to do anything untoward and call myself out as an inventor when the customer really conceived of the idea, but on the other hand if the novelty lies in the implementation, I will likely be the inventor.

This model could really benefit the customer - they could obtain protection on the software that I write for them. 

2)  I would also like to try to patent relatively minor improvements to existing software- compilers, code versioning systems, or other development tools, etc.  Nothing earth-shattering, just solid improvements - on the order of what you would see every day doing software prosecution for a large software client.  Do you think I would be able to sell the patents outright to companies?  For example, if I had an interesting improvement to a C++ compiler, could I realistically expect to sell the patent to Borland or Microsoft? 

[JimIvey]

I don't think anyone can ever reasonably expect to sell a patent to anyone.  Yet, it does happen from time to time. 

I will offer this one bit of advice:  consider your IP in those sorts of things as the riskiest investments possible.  In other words, back it up with plenty of paid work.

Regards.

[BobRoberts]

"Whether the customer, myself, or both would need to be listed as an inventor would essentially be a game-time decision, depending on who contributes what to the software.  Thoughts on this?  Ways to avoid professional responsibility issues?"

It would seem that you interests would be at odds with your clients (regarding inventorship).  Have information clearly setting forth your programming fees and of course, your patent drafting fees.   Possibly an assignment or other clause assigning your rights to your client if you become a named an inventor on the application?  What if they don't want to pursue protection after you've drafted the code?  So I'd keep the two aspects separate, so you get fairly compensated forthe code drafting, and then the patent drafting (and again, as part of the code drafting, some statement that any inventorship rights you have are assigned to the client).

Just some random thoughts...