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Client's idea or engineer's idea? Ethics Question

Client's idea or engineer's idea? Ethics Question

Client's idea or engineer's idea? Ethics Question

(OP)
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
 

RE: Client's idea or engineer's idea? Ethics Question

The contract is a good starting place.

ANY FOOL CAN DESIGN A STRUCTURE. IT TAKES AN ENGINEER TO DESIGN A CONNECTION."
 

RE: Client's idea or engineer's idea? Ethics Question

Exactly...RE has it right. Purely a contractual issue.  Was there a non-disclosure or non-compete agreement in the contract?

RE: Client's idea or engineer's idea? Ethics Question

If there was no legal commercial agreement to do, or not do, certain things (usually takes the form of a Non-Disclosure Agreement), then there is no protection.  Either of your client, or of your company.  Either party could choose to devote the effort & resources to pursue a damage claim against the other.  But because of the expense & trouble involved, this usually is settled.

TygerDawg
Blue Technik LLC
Virtuoso Robotics Engineering
www.bluetechnik.com

RE: Client's idea or engineer's idea? Ethics Question

If the client creates functional requirements - how the designer fulfils them is up for grabs - the property issue is whether the contract specifies that all design work is owned by the client. Otherwise it is the designer and he can take out patents or modify the design for another client etc.

Regards, HM

No more things should be presumed to exist than are absolutely necessary - William of Occam

RE: Client's idea or engineer's idea? Ethics Question

The contract is king.  What are the deliverables?  However, as a general rule, he who pays for the design is the owner.  If the customer paid for the design, he owns it.

Unless you can demonstrate that your design predates the start of the contract, the assumption would be that your design is in response to the customer's requirements.  Then, unless your contract specifically claims that your company has an investment in the design, it belongs to the customer.

This is fundamentally no different that the typical employment clause claiming company ownership of any inventions made by the employee during the period of employment, particularly if the invention is within the boundaries of the products designed and produced by the company.

TTFN

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