Re: On the right to publish ones own design/IP

On Sat, 30 May 2009 20:00:00 -0700,
"JosephKK"<quiettechblue@xxxxxxxxx> wrote:

On Fri, 29 May 2009 07:25:09 GMT, Jon Kirwan
<jonk@xxxxxxxxxxxxxxxxxxx> wrote:

On Thu, 28 May 2009 22:45:36 -0700 (PDT), subhajit
<subhajitsen2@xxxxxxxxx> wrote:

I had designed a CMOS analog circuit block for a VLSI SOC chip
for a US based chip design/software multinational company.
I was employed at its Bangalore design center.
The design I worked on has certain advantages with respect
to conventional designs for the same function in terms of die
area, power etc. The design is also working well in silicon for
the intended application. The design center closed down a few
months ago prior to acquisition by another company, so I am no longer
an employee of this company.

I wished to publish this design work in a journal
or a good conference & requested the company to provide me
the silicon measurement results so that I know how well the chip
worked
as well as material for possible publication. However, I got a
e-mail reply from the legal department of this company saying
that I have no right to publish this work. Needless to say
the language of the legal communication was intimidatory &
disrespectful of my contributions to this company.

I wrote to the company that I will respect all agreements/NDA's
signed prior to joining this company.
I also wrote that if they were sensitive about
protecting the IP, I could assist them in filing a patent.
I did not receive any reply to these.

Can anybody help me to find out if I have the right to submit
my work for publication & does the company have any right
to prevent publication of my work (should it be selected
for publication after peer-review process)? Do I have
to inform the company prior to submission? Also does
the company have any right to withhold silicon measurement
results from me (the designer)?

Thanking you,
Subhajit Sen
(sen@xxxxxxxx)

It's hard to tell from your writing whether or not you actually signed
any IP agreements that relate to your design. You indicate above that
you would respect such agreements, but you don't comment on their
substance or how you feel they may (or may not) apply here. So it's
hard to know. The only basis for any guessing I have here is that you
want to adhere to the substance of agreements you made but also want
to publish the design and this suggests to me that you feel the design
wouldn't conflict given your own understanding. You wrote to them, it
appears, with this understanding and were taken aback by their
response to you. But that's obviously a wild guess on my part.

As I understand it, the worst case penalties related to copyright
violations -- single instance -- is something between $1000 and $5000
US, the 1957 act as amended in 1994. But that is dated info, so
things may be worse now. You are probably in a better position to
understand the level of enforcement there.

Is it possible for you to get an informed opinion from someone who
would be willing to examine what you've signed? I'd recommend that
approach. It's probably unwise to take a step in a direction where
the company is now aware of your desire and has launched their initial
salvo in your direction. You shouldn't accept their assurances about
their own position -- it's been my experience that companies are often
very quick with lots of strong bluster even when they know in advance
that their own positions are weak or non-existent.

Informed council is advised at this stage, if you want to pursue it
further.

Jon

And that is the wild eyed optimists take on it.

One can decide to take one point of view, or the other. None of us
has any real information about it. Others already gave all the needed
cautionary tales, so it's fine to provide another side.

I've been in that place where council was sought, advised that a
clause in a contract I'd signed wasn't worth the paper it was written
on (I've made mistakes like most folks), and glad for having received
that advice.

Jon
.

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