Legal Question in Intellectual Property in Texas

Re: Resurrecting a Software Concept

You might be able to do this if you do it properly. In a public forum like this I would not tell you precisely how.

I will give you some general comments. If the prior source code is not patented, you will be able to duplicate the functional aspects in a Windows environment, particulary if you are doing a Java script or VBA rather than a typical DOS.

Lack of patent coverage on the DOS source code does not necessarily mean the person to whom you sold the source code is without a remedy against you. Copyright is automatic and, if registered, might be enforced against you if you directly copy code.

You have sufficient likelihood of getting around the source code owner's intellectual property rights that I suggest it is worth your while to spend the money to consult with a good copyright lawyer versed in software who can help guide you in this effort to minimize your risk. I think it would be money well spent.

I am a Texas lawyer (UT-Austin '72)licensed in Texas but practicing in the St. Louis area. So, I could help you myself or I could refer you to some local copyright lawyers who have offices in Texas.

Good Luck

Re: Resurrecting a Software Concept

If you create a new product for Windows (which is conceptually "similar" to your old idea), you may be entiltled to a U.S. patent unless your invention was: 1) known or used by others in the U.S., or patented or described in a printed publication in any country, BEFORE you invented it; 2) patented or described in a printed publication in any country or in public use or on sale in the U.S. MORE THAN ONE YEAR BEFORE YOUR PATENT APPLICATION IS FILED; or 3) obvious to one skilled in the art at the time you invented it. You may also be entiltled to a copyright for the new product. Please contact me if you need assistance.