TXMEEN
Mechanical
- Oct 7, 2007
- 23
As an engineer performing design work, we are able to take a clients design, perform design calculations, and make their design work. When is the line crossed when the design is no longer the client’s idea but the engineer’s idea?
Take for example:
Company ABC hires an engineer to design a mechanical device that can lift a car so that a tire can be changed. The only parameter is that they want it to be relatively small and can be controlled by hand. The engineer performs calculations and designs scissor jack design X.
Scenario A
During this process, the engineer comes up with a more effective method to use the screw and a different frame set up that works better but is slightly different from what ABC had requested but uses the same principals. The engineer designs it and creates scissor jack design Y.
Scenario B
During this process, the engineer thinks another method to lift a car would be to use hydraulics. They develop a way to incorporate a lever to supply hydraulic pressure powering the lift. The engineer designs it and creates a hydraulic jack design Y.
Since design X, Y, and Z all fall under client ABC’s initial request, would all three designs be considered rightfully the property of ABC entitling them to royalties?
If design X satisfied the client, could the engineer ethically ever produce design Y or design Z on their own or would client ABC be entitled to royalties?
If the client specifically asked for a jack and had the idea of it being powered by a screw, would design Z using hydraulics be the engineer’s idea even if they thought of it while coming up with a device to lift a car with a screw. It is unknown if the engineer would have ever thought of a hydraulic lift if they had never been asked to design a lift in the first place.
Are there any guidelines or references that can be followed in determining who a new idea belongs to?
Thanks
Take for example:
Company ABC hires an engineer to design a mechanical device that can lift a car so that a tire can be changed. The only parameter is that they want it to be relatively small and can be controlled by hand. The engineer performs calculations and designs scissor jack design X.
Scenario A
During this process, the engineer comes up with a more effective method to use the screw and a different frame set up that works better but is slightly different from what ABC had requested but uses the same principals. The engineer designs it and creates scissor jack design Y.
Scenario B
During this process, the engineer thinks another method to lift a car would be to use hydraulics. They develop a way to incorporate a lever to supply hydraulic pressure powering the lift. The engineer designs it and creates a hydraulic jack design Y.
Since design X, Y, and Z all fall under client ABC’s initial request, would all three designs be considered rightfully the property of ABC entitling them to royalties?
If design X satisfied the client, could the engineer ethically ever produce design Y or design Z on their own or would client ABC be entitled to royalties?
If the client specifically asked for a jack and had the idea of it being powered by a screw, would design Z using hydraulics be the engineer’s idea even if they thought of it while coming up with a device to lift a car with a screw. It is unknown if the engineer would have ever thought of a hydraulic lift if they had never been asked to design a lift in the first place.
Are there any guidelines or references that can be followed in determining who a new idea belongs to?
Thanks
