Who Owns The Design? 1

[weeeds]

We design a piece of equipment to meet a customer's specifications.
We use our knowledge and experience to offer the best possible solution.
By paying us to design and build the equipment does the customer also buy the drawings (ie the design)?

 

[kchan711]

That should be previously decided within a contract or terms and conditions set forth by you and/or the customer. That's pretty cut and dry on that issue. However, if that has not been decided yet or presented to both parties, the design rights are still yours.

Kyle Chandler

http://www.chiefengineering.net

 

[zdas04]

Yeah, what he said.

David

 

[JLSeagull]

Drwing ownership is a negotiable issue. It may differ between a contract and a purchase order. Technical requisitions often include supplier data requirements. These requirements often include final documents submitted in native format such as AutoCAD. Such requirements are independent from the commercial terms and conditions attached to a purchase order. The client can then use the native format drawings for future updates or just permanent documentation. However, drawing modifications would normally be done after the content is transfered onto the client drawing format. Even with such requirements in a requisition the suppliers may take exception. Certain proprietary technologies are never transfered.

 

[IRstuff]

It depends on the contract, and on how much of the design is new.

While you might "design a piece of equipment to meet a customer's specifications," if that's simply by modifying an existing design or template, then there my never be any question of ownership. If, however, this is a brand-new design, heretofore never built by your company, your customer might have a stronger case.

TTFN

FAQ731-376

 

[Ron]

It's a contractual issue, but unless the design is mostly proprietary to the client, don't give up design rights or intellectual property rights.

 

[PJones]

Also, keep in mind that if you can design it once, you can design it again.

 

[Apakrat]

Without prior documented agreements - - - - - - -

Could You have designed the apparatus as specified by the customer without preparing drawings?

Could You have made the drawings to build the apparatus as specified by the customer, without preparing a design?

Would You have designed and built the apparatus as specified by the customer without payment by the customer?

Remember the many cases won by Edison against the big company "brain tanks."


At 74th year working on IR-One2 PhD from UHK - - -

 

[TheTick]

What does your contract say? List the deliverables.

 

[rbulsara]

It would also depend up on what the spec said. If it is just a perfromance spec with no helpful information as to how to acheive the performace, the customer should have no right on the design, I would think.

Alsoin such case, the customer may own the drawings, but should not be able (legally) use it to reproduce the same equipment by himself or through others without original designer. (as long as it is in the contract)

If the spec contains details as to how to build the equipment, the client may have some rights on the design.

 

[IRstuff]

It would also depend up on what the spec said. If it is just a perfromance spec with no helpful information as to how to acheive the performace, the customer should have no right on the design

That's insufficient to determine ownership. If the customer paid the company to innovate the design, then the customer owns the design. If the customer paid to simply repackage an existing design, the degree of ownership is substantially less.

Ultimately, it still boils down to what is in the contract. If the contract doesn't say, then shame on seller's contracting officier, whose very job is supposed to ensure that the company is fully recompensed for all work and intellectual property.

TTFN

FAQ731-376

 

[rbulsara]

IR:

Specifying a product performance is no where close to partnering in innovation and research. They are two different things.

 

[Apakrat]

rbulsara : Specifying a product performance is no where close to partnering in innovation and research.

A machine shop, hired for machine work ability, demanded their name be put down as Inventor because they converted my sketches by CAD, with a minor change to facilitate material availability and their in-training labor force.

Being stubborn and inpatient, caused me to quit fabrication of a prototype for a potentially useful apparatus.

At 74th year working on IR-One2 PhD from UHK - - -

 

[garpe]

Depends on contract. I typically put a clause on my drawings stating: "All drawings and copies thereof are instruments of service and as such remain the property of the Engineer. They are licensed for one time use only with respect to this project. Methods and drawings are proprietary and not for public domain use." This has never been tested but I think Engineers should stand up and take credit for our solutions. The client may provide the spec. but it is up to us to provide a well thought-out solution. Architects do this all the time. I think what we do is a just as creative and lot more valuable than picking out colors or laying out a bunch of curved walls. Our endeavors are no less creative and address some pretty important life safety issues. GO FOR IT!!!

Greg Robinson

 

[Apakrat]

No question, the need for Architects and Structural Engineers are a definite needed and useful profession.

But, most any experienced “Layout Surveyor” will confirm that those trying to set construction lines from typical Architect drawings, find needed dimensions missing. In many cases, this is also true of a drawings made by engineering disciplines. Most usually will get terribly up set when a Surveyor asks for a them to dimension the missing segments on their drawing. (Personally, have never had a "Civil PE" hesitate to make the appropriate editing.)

A surveyor using a scale in the field, becomes directly responsible for the scaled distance being correct, without having a way to prove the scaled measurement is correct, or even if the drawing itself was accurately proportioned originally.

Referencing the “Ownership” question, an Inventor always has a problem relinquishing ownership of an original idea.

Many “ideas” never get off the ground because a new original idea needs to be professionally drawn on paper for actual proto-type fabrication. Preferably in a structural sound arrangement, of materials correctly dimensioned by an Engineer that was hired to do the work.

At 74th year working on IR-One2 PhD from UHK - - -