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Message: RE: SGE ``sharing proceeds from licensing deals`` - Meta

RE: SGE ``sharing proceeds from licensing deals`` - Meta

posted on Dec 15, 2004 06:25PM
I recall that language. But ``Each has full rights to license without accounting to other owners``, in my interperetation, means that a co-inventor can license the patented tech independently (i.e., doesn`t have to coordinate or gain approval from other co-inventors to enter into the licensing agreement), but has nothing to do with the handling of proceeds from such licensing (don`t get hung up on the word ``accounting`` - it doesn`t automatically mean money).

How many times did you read in that info about how co-inventors split proceeds 50-50 unless otherwise stipulated in the patent in terms of percentage of co-inventor contribution in developing the patent? If what you suggest, in your interpretation, is true, why would patent law even address this? If each co-inventor could run amock licensing (non-exclusively) with zero obligation to co-inventors, why would there be any need to discuss splitting of proceeds? Thinking it through, and considering the probable consequences, such an approach would seem unworkable, and unfair to the point where one would ask ``why ever would you want to be a co-inventor?``, when in all likelyhood you be setting yourself up to get screwed. Makes no sense and is direct conflict with the whole concept of having patents in the first place (i.e., so inventors won`t get screwed out of their ``good idea``).

SGE

PS: This discussion reminds me of the Three Stooges story. Each Stooge had the right to obligate the trio in contract with a movie studio. Coincidently, after they`d been performing in LA for awhile, two separate Stooges where independently approached by two studios anxious to sign them up. One was Columbia, the other Paramount (I think). They both signed and discovered later what had happened. The issue wound up in court, and Columbia won out as their Stooge had signed at an earlier time that fateful day. Paramount kept looking and signed Abbot and Costello for ``A`` type full length feature films, making them millions. Columbia pushed the Stooges to the limit in those low-buck ``B`` shorts, had `em traveling for local spots the rest of the year (when not cranking out a short or two a week), and took full advantage of their open- ended exclusive contract to pay each Stooge $500/week - with no future increases. Longest-living Moe ended up washing cars for the studio in his old age to keep collecting that $500/week (and receiving no residuals for re-runs). Or so the story goes....

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