Some questions of IP and IP ownership for the group...

Our company develops "form, fit and function" replacement parts
(controllers) for various companies. These are developed as "products",
regardless of how unique the item is and we try to reuse designs and
technology as much as possible to reduce our design, development and
manufacturing costs. The end price to the customer usually reflects the
cost of manufacturing, warranty, risk, overhead and the recouping of R&D
costs in excess of the NRE we may have charged to develop the product.

If our contract (purchase order) merely states "Design replacement for XXX
and deliver YYY prototype units", would one think that this means that the
customer is automatically entitled to the IP?

Our position is that IP remains with us unless otherwise clearly stated in
the contracts or purchase orders. What can we do to strengthen our position?

Is the assignment of IP a good idea, assuming that a suitable agreement
could be reached?

The customer is attempting to secure additional financing via venture
capital groups and "ownership" of design of the devices as well as the
protocols any other things we've ever thought of is a major plus - it adds
value to the company in the eyes of the VC group.

Is another mechanism available, say licensing, that would provide the same
value to the customer, while allowing us to retain true ownership?

Are there web based resources for IP, IP ownership, and transferring IP as
it applies to a microcontroller based device? I find a tremendous amount of
stuff for publications and literary works, not a thing on our situation.
I'd like to modify our general terms and conditions to clearly state IP
ownership as well as developing some policy/strategy for transferring it
when required (and compensated).

Thanks in advance,
Howard
Howard McGinnis
mcginnis@e-visions.com
Electronic Visions, Inc.
1650 Barrett Drive
Rockledge FL 32955
(321) 632-7530
www.e-visions.com

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