|
University
of Texas System
|
SUMMARY
The Intellectual Property Policy of The University of Texas System establishes criteria for guidance of the administrators, faculty and staff of component institutions concerning the development, use, ownership, management and marketing of intellectual property.
The Policy applies to all persons employed by component institutions of the System, to anyone using the System facilities under the supervision of System personnel, to candidates for masters and doctoral degrees, and to postdoctoral and predoctoral fellows. The Policy applies to any invention, discovery, technology, creation, development, or other form of expression of an idea that arises from the activities of such persons, whether or not the subject matter is protected under the patent, trademark or copyright laws. The review procedures established by the Policy are intended to safeguard the System's interest in intellectual property without significantly impeding the free exchange of information or the right to publish.
Under the basic Policy, the ownership of intellectual property rights initially resides in the inventor, author or creator. If the intellectual property results from work done wholly on his own time and without any System support, the inventor, author or creator retains all rights of ownership.
When intellectual property results from work done on System time, using system facilities, or with any System support, any invention or discovery that the creator believes may be patentable must be submitted for consideration by the Institutional Patent Committee of the appropriate component institution. The System Administration will review the recommendation of the institution and determine whether or not the System desires to exploit its interest in the intellectual property.
If the system does not desire to exploit its interest in the intellectual property, whether by seeking patent protection or otherwise, the creator is notified and is thereafter free to deal with the intellectual property as he chooses. In such instances, the System ordinarily will reserve a nonexclusive, royalty-free license to use the intellectual property for research and teaching purposes.
When the System desires to exploit its interest in the intellectual property, it is mandatory that the creator assign all rights to the Board of Regents of The University of Texas System. Exploitation by the system may or may not involve filing a patent application. The System's Office of General Counsel and component institutions will cooperate in negotiating and drafting patent and technology license agreements with interested third parties. Where appropriate, entities which sponsor research projects may be granted preferential options to license resultant inventions and technology. Income derived from commercial exploitation of inventions or discoveries by the System is split 50/50 between the creator and the System once licensing and patent prosecution costs are recaptured. Subject to prior approval by the Board of Regents as an agenda item, each component may include provisions in its handbook of Operating Procedures to adjust the allocation of royalties between the creator and the System, but in no event may the creator receive more than 50% or less than 25%. In some instances the System may contractually assign all or a portion of the intellectual property rights associated with a particular grant or research program to the third party, in which case the creator's rights are subject to the provisions of such contract.
To further assist administrators, faculty, staff and students in implementing the Basic Intellectual Property policy, the Board of Regents of The University of Texas System has adopted a separate statement of policy and guidelines for use in negotiating, reviewing and approving sponsored research agreements, patent and technology license agreements, and trademark licenses agreements.
Additional information concerning the Intellectual Property Policy can be obtained by contacting the Office of General Counsel of The University of Texas System, or by contacting the Patent and Contract Administrator (or other designated individual) for a particular component institution. The applicable names, addresses and telephone numbers are listed in the Section entitled "Points of Contact for Inquires".
University of Texas System Office
of General Counsel
Intellectual Property Section
Comments to intellectualproperty@utsystem.edu
October 26, 2001