Work for hire, or co-inventor? That's the issue. A
Post# of 72447
Posted On: 01/08/2016 10:18:59 PM
Work for hire, or co-inventor? That's the issue. As I have posted before, it is ENTIRELY possible for Menon to have thought that he was HIRING this company:
"Agrenetics, a Wilmington medical-devices consulting company"
to do the work -- which means they have NO intellectual property rights. It depends entirely on the wording of the contract. It has certainly happened that people had a different understanding of what the terms of the deal were -- and if Menon did not have a good lawyer read the contract to protect his interests, it is also entirely possible that it was represented to him by Aruda that it was a work for hire, but the contract had weasel-wording so that it was actually NOT a work for hire -- meaning Aruda DID have intellectual property rights (even though Menon was paying for his work).
I have some knowledge of this, having been asked to sign away something as a work-for-hire when it was NOT -- and it was funny how quickly the other party backed away from that wording when they discovered I was not a sucker. They were just trying it out, to see if I would fall for it. So I will give Menon the benefit of the doubt that he was a sucker with a bad, or no, lawyer, until proven otherwise. I'd sure like to see the contract he signed with Aruda.
"Agrenetics, a Wilmington medical-devices consulting company"
to do the work -- which means they have NO intellectual property rights. It depends entirely on the wording of the contract. It has certainly happened that people had a different understanding of what the terms of the deal were -- and if Menon did not have a good lawyer read the contract to protect his interests, it is also entirely possible that it was represented to him by Aruda that it was a work for hire, but the contract had weasel-wording so that it was actually NOT a work for hire -- meaning Aruda DID have intellectual property rights (even though Menon was paying for his work).
I have some knowledge of this, having been asked to sign away something as a work-for-hire when it was NOT -- and it was funny how quickly the other party backed away from that wording when they discovered I was not a sucker. They were just trying it out, to see if I would fall for it. So I will give Menon the benefit of the doubt that he was a sucker with a bad, or no, lawyer, until proven otherwise. I'd sure like to see the contract he signed with Aruda.
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