Trade secrets and intellectual property - Do you have what you think you have?

A recent case involving the famous Mayo Clinic and former employees, the dispute between doctors, has been legal news. Dr. Mayo and Dr. Peter Elkin are arguing about who owns the software program that Dr. Elkin is involved in. According to reports from

National law journal from

 [released on Law.com on March 9, 2010], the case will enter the trial phase after the trial court dismissed the summary judgment against both parties.

The software helps manage medical information and processes it in a clear and understandable format. According to reports from

Pittsburgh Tribune - Comments from

 [published on the paper website on March 16, 2010], both parties agreed that the software has great economic value.

An in-depth study of the advantages of the Mayo / Elkin controversy is beyond the scope of this article. However, the nature of the controversy raises a fundamental question, often involving trade secrets, copyright and other intellectual property litigation: Do you have what you think of yourself?

The vision of recent college graduates [or dropouts] writing software or developing other technologies in storefront offices or garages is a modern variant of the American dream, from ruin to wealth. These efforts are not necessarily just dreams. In fact, if you don't become the next billionaire, modern technology and lower barriers to entry may make it more likely than ever for entrepreneurs to achieve at least a little financial success.

In many cases, friends will jointly develop technology or other inventions. Sometimes an entrepreneur "cooperates" with another company for a specific purpose. In some cases, investors will be involved.

In each case, the possibility of future disputes becomes very real without proper documentation of intellectual property rights. In addition, the possibility of future disputes or litigation is directly proportional to the success of the joint venture. More frankly, no one can beat a worthless technology. However, the dispute between Mayo Clinic and Dr. Elgin shows that valuable technical disputes are likely to occur.

When inventors or entrepreneurs believe that they have developed, invented or written something of value, it is important to consult an experienced attorney before establishing any relationship with a third-party commercial "partner" or investor. It is equally important that people who work together also record their rights and obligations in technology, writing or invention.

Absolutely not an inventor, an entrepreneur or investor should try to use or use an internet form alone. Do not assume that each lawyer has the necessary experience or expertise to prepare the appropriate documents.

If the documents are not properly prepared, the resulting litigation may be very interesting from a lawyer's perspective. Litigation will definitely be very expensive. However, at this point, the customer is of course blamed for not having to properly record things at the front end.

All of this comes down to the fact that readers of my previous articles will be considered as another example of the Prime Minister's instructions: dealing with front-end legal issues costs less than solving problems on the back-end, especially through litigation. The Prime Directive is especially applicable to intellectual property.

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