How do I startup if I don't own the code?

#1

Post by tricky » Thu, Apr 03, 2008, 6:16 PM UTC

I was recently approached about commercializing some software I created while working at an academic research lab. I was paid with research grants so I'd assume the school owns the code.

I'd love to turn this into a startup... What's the best way to do it considering I don't know who owns the source?

Re: How do I startup if I don't own the code?

#2

Post by pius » Thu, Apr 03, 2008, 6:24 PM UTC

I was paid with research grants so I'd assume the school owns the code.

I don't know what school you went to, but many (most?) large engineering/research institutions have a technology licensing office (e.g. http://web.mit.edu/tlo/www/) that can check that assumption definitively for you.

Re: How do I startup if I don't own the code?

#3

Post by aneesh » Thu, Apr 03, 2008, 6:25 PM UTC

Talk to the University's tech transfer office.

Re: How do I startup if I don't own the code?

#4

Post by opportunity » Thu, Apr 03, 2008, 6:38 PM UTC

How long would it take you to redo what you did at the research lab?

Re: How do I startup if I don't own the code?

#5

Post by [deleted] » Thu, Apr 03, 2008, 6:43 PM UTC

[deleted]

Re: How do I startup if I don't own the code?

#6

Post by tricky » Thu, Apr 03, 2008, 6:44 PM UTC

opportunity wrote: post #4

How long would it take you to redo what you did at the research lab?

not too long, but the concepts would be exactly the same... wouldn't it then become, "who owns the idea?"

Re: How do I startup if I don't own the code?

#7

Post by pius » Thu, Apr 03, 2008, 6:45 PM UTC

tricky wrote: post #6

opportunity wrote: post #4

How long would it take you to redo what you did at the research lab?

not too long, but the concepts would be exactly the same... wouldn't it then become, "who owns the idea?"

There is no such legal concept, at least not in the United States. One can own an implementation of an idea, but not an idea. If you can implement the concepts in a novel way, you're fine.

Re: How do I startup if I don't own the code?

#8

Post by ivankirigin » Thu, Apr 03, 2008, 6:55 PM UTC

Some schools are really good about this. CMU for example is extremely flexible, even with patents.

But I'd also recommend looking at the terms of the contract that gave you funding.

Government funded projects usually include government purpose rights. It depends on the contract how bad the rights are for a company.

In most cases, government funding means that in a pinch, they can take all your tech and give it to another company to mass produce. The reason would probably be some wartime situation where you needed to produce a million X to fight. I think this happened to B52s in WWII.

Other recommendations about tech transfer are spot on.

You should also take this as an opportunity to network with potential investors. Go to your school's entrepreneurship center (if they have one), and talk to people there about your plans.

I know for CMU, you can meet lots of Angels that way. Lots of the associated companies have probably gone through the same process.

Re: How do I startup if I don't own the code?

#9

Post by notauser » Thu, Apr 03, 2008, 7:55 PM UTC

pius wrote: post #7

tricky wrote: post #6

Earlier quoted context omitted.

not too long, but the concepts would be exactly the same... wouldn't it then become, "who owns the idea?"

There is no such legal concept, at least not in the United States. One can own an implementation of an idea, but not an idea. If you can implement the concepts in a novel way, you're fine.

(In agreement, just to express it another way): Patents on implementations can and do effectively limit idea reuse.

E.g. if the idea is "a web 2.0 flower box" making a second implementation is fine.

If the idea is a "web 2.0 flower box using this specific patented method of procedural generation" then you won't be able to recreate the same product again - at least not without moving to Europe where there are no software patents :)

Re: How do I startup if I don't own the code?

#10

Post by pg » Thu, Apr 03, 2008, 7:56 PM UTC

If you can rewrite it from scratch, that may be the safest plan. You'll probably need to anyway. You can also go talk to the university about it, but many (perhaps most) universities are cluelessly overreaching about this sort of thing, and take forever as well.