Transfer of Intellectual Property based on prior use?

1    29 Jan 2018 12:41 by u/youno

I have a private code base which has been running a management system in sites in more than 4 states over the course of 15 years. The system runs point of sale terminals and is centralized [LAMP].

I never got a "Patent" or a "Trademark" however since the code has been in continuous use for 15 years should I be able to consider it my Intellectual Property?

I would like to push the functional/dusty codebase to a private github and transfer ownership of the IP to my new S Corp.

4 comments

0 u/AmaleksHairyAss 30 Jan 2018 00:47

I think you can get it patented if no one else has already done so, but it will be very difficult to defend if it ever actually goes to court. The advantage in the patent would be to make sure it never goes to court. That said you'll probably get more value in publishing it as open source and getting as many people as possible to use it.

0 u/youno [OP] 30 Jan 2018 01:37

Thanks for the info. Looking like the way to go to make things clean.

0 u/vantile95 04 Feb 2018 13:21

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0 u/vantile95 17 Feb 2018 03:13

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