Clarification regarding patent and copyrights


We are manufacturing an electronic product for a client of ours. The client has a utility patent for the product (idea). But we have developed the product in flesh from its circuitry to its 3D modelling, schematics etc. The client has not contributed financially to the company in the product development whatsoever. Now since that we are moving from sampling to manufacturing stage we are drafting a new contract. In the contract we claim to have the rights to all the circuit and CAD designs since we developed them. We also acknowledge that the client is the sole owner of the idea and without his permission we cannot manufacture or sell the product. The client has only paid for the samples and we did not charge him anything for product development and are providing the solutions for free. But that doesn't mean he owns the copyrights. He wanted us to contact an attorney to shed some light on this topic.

Answers (2)


265 votes

Hi,

The answer to this depends on whether the patent included the circuitry and other schematics, also, on the terms of the original contract. If the original contract stated that all IP pertaining to this would lie with the patent holder then it might be difficult for you to claim rights.
Best,

Vaibhav Raina


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219 votes

Dear owner as the idea is patented by the client hence the same cannot be replicated in any form even if u claim that u have done its new fresh development from its circuitry to its 3D modelling, schematics etc. In this situation it can be only licensing agreement then can not have ownership of any part of it if the product is already patented hence a discussion on the same can be made along with a copy of agreement between the client and yourself.

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