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Some Patent and Legal Questions of Interest to Minnesota Computer Society Members

by Otto H. Schmitt October 2, 1978

1) I, with the help of one or two collaborators, have developed a fine working program for a specific computer or class of computers and have given the program a “catchy” acronymic name. Should I patent it, copyright it, or trademark it? How much will this cost and how may I get at least a few times the cost back in profits or public recognition? Let us suppose that the program exists in the form of a PROM and in its equivalent ASCII tape and cassette form and is written in BASIC with some machine language patches.

2) One of my friends has purchased a nice PROM loader, an assembler on tape and a well tested BASIC on floppy disc. Is it illegal for me to copy these strictly for my own use and with my friend's permission, much as it is common practice to photo—copy a scientific journal article for personal use? Is such copying unethical? If I am unworried about the ethical aspects of the problem, what, if anything, is the originator of the data able or likely to do about it, assuming he knows that I have copied the data?

3) GB bands are very handy for exchanging computer data at short range and Amateur Radio bands for long range. What restrictions, if any, are there on such exchange, assuming that the participants are properly licensed for the band involved? Do special restrictions apply when the communication is international?

4) I am told that there is some American legal restriction on transmitting to a foreign country, by computer link, by radio, or by personal communication, information that may be used to develop new products or programs that may some day be sold or given back to American use. I am not referring to material that is government “classified” as Secret, Confidential or Restricted. This would seem a clear violation of our privilege of free speech that we have made a basic American principle, Will you please identify and elaborate on these restrictions and tell us how they have been and may be used in the future.

5) In your experience, what fraction of patents applied for by individual inventors (non—corporate) pay back the cost of legal services? Does the integral return exceed the integral cost of these legal procedures on behalf of an inventor, including a reasonable return for his own time in pursuing patents, copyrights, promotors, etc?

6) As experts in patent law, what patents has each of you seen fit to obtain personally?

7) If a computer-related device, program or system is developed and/or used by a semi-public organization like MCS or described or used on public access television or telephone, does this become public domain and unpatentable? When does the one year grace period start to run?

8) If I accidentally allow an error to be included in a computer program or piece of hardware used in a public educational program or a medical service program, who is liable and to what extent for damages that might be traced to this error?

9) May I legally build from a kit or from scratch a micro-medical computer system that I want to use to make self measurements on myself and/or family members? Does use of such a system for, say, electro cardiographic analysis, blood glucose determination for a diabetic, or EEC monitoring of an epileptic constitute medical practice without a license any more than taking body temperature to estimate fever?

10) Many MCS members work for computer related organizations during the day and invent and develop cute and sometimes elegant microcomputer systems, peri­pherals and software on home computers at night and on weekends. What are typical realistic guidelines for determining individual ownership and proprietary rights to such inventions and what are typical wordings and interpretations of the patent agreements that most of these individuals have signed with their present or past employers?