Posts Tagged: "clean room"

Planning for Independent Development

The story seems to unfold the same way every time, whether the actor is a high-level departing employee or a customer or business partner. When sharing confidential information in a long-term relationship results in the release of a similar product by the recipient, the reaction is a claim of theft, laced with accusations of treachery and betrayal. And the response is equally strong: “no, I did this on my own”; in legal terms, “I engaged in ‘independent development.’” Strictly speaking, this means that the development of the new product was accomplished “independently” of the information shared in the confidential relationship. As a practical matter, this can be difficult to prove. Once you have been exposed to the secret process or design, or other related information, how do you demonstrate that your work was entirely your own?

Preventing an IP Infection: Clean Room Development Procedure

As I described in my previous article about the protocol for clean room product development, there are often situations where a company has come into contact with intellectual property that it cannot allow to spread to a product in development. In that article, I described the concepts of a clean room. In this article, I describe the practical implementation details. Once a clean room protocol has been set up, the following sections describe the recommended procedure to implement.

Clean Room Development to Prevent the Spread of ‘Infectious IP’

There are often situations where a company has come into contact with intellectual property that it cannot allow to spread to a product in development. One example is a joint development project between two companies where the IP for the jointly developed product cannot seep into other products but where each company must develop products that interface with the jointly developed one. This situation can occur when groups create standards that involve IP from various sources.

The Evolution of the Clean Room: A Patent History

Willis Whitfield is the inventor of the system we today know as the clean room. In 1962, Whitfield developed a clean room technology that pumped air in through HEPA filters installed in the ceiling and drew air out through the floor at the bottom of the room. By using the force of gravity and a steady stream of air to propel airborne particulate to the ground, Whitfield’s system was able to keep the levels of dust and other particles to incredibly low levels within an enclosed room. Whitfield’s invention worked so well, in fact, that many found it difficult to believe his results. However, Whitfield’s clean room technology was about 1,000 times more effective at removing particulate from the air within closed spaces.