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University
of Texas System
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In recent years there has been a significant decline in funding from federal agencies for research projects that bridge the gap between academic research and the commercial utilization of technology. During the same period, because of increased costs in conducting research in-house, nongovernmental entities have turned to institutions of higher education to perform specific research projects through sponsored research agreements. More recently, venture capitalists have exhibited high interest in forming corporations for the specific purpose of developing and commercializing inventions and technology that result from university research.
Economic conditions have also emphasized the need for a more diversified industrial base within the State of Texas. The Texas Legislature has recognized the important role that universities can play in developing new technologies and in attracting new industries to the state. While academic investigators are not primarily concerned with the commercial applicability of their research efforts, improved interaction between the academic and industrial sectors will stimulate the flow of research dollars into the universities and will promote the utilization of resultant ideas and technology in the marketplace.
In order to increase the interaction between industry and state supported universities, in order to promote the development of high technology industries within the State of Texas, and in order to enhance the ability of universities to manage intellectual property that results from their research efforts, the 69th Legislature passed bills that:
a. Directed state institutions of higher education to develop an intellectual property management plan and file it with the Coordinating Board, Texas College and University System by January 1, 1986, (the Coordinating Board has no regulatory or approval authority with respect to the plans, but is simply a repository.);
b. Authorized the Board of Regents of The University of Texas System to establish a Center for Technology Development and Transfer at The University of Texas at Austin (The U.T. Board of Regents and the Center are given broad authority to enter into various types of entrepreneurial business arrangements for the purpose of developing and commercializing intellectual property on behalf of all component institutions of the U.T. System.);
c. Induced the federal government to select the State of Texas for the location of the Super-conducting Super Collider Accelerator research project;
d. Created a state agency for the purpose of persuading the federal government to locate federally funded research projects in the State of Texas;
e. Simplified state purchasing procedures for research equipment at state institutions of higher education;
f. Created a high technology fund to be used for research and advanced technology projects at state institutions of higher education; and
g. Removed uncertainty as to the ability of institutions of higher education to protect proprietary information in response to requests for information under the Texas Open Records Act.
The Land and Investment Committee of the U.T. Board of Regents also has recognized the potential for developing and commercializing intellectual property created at component institutions. In 1984, the chairman of the Land and Investment Committee authorized a study to be conducted by an advisory committee. The committee concluded that the U.T. system should have an active centralized intellectual property management program which would permit the component institutions to have autonomy in soliciting funded research projects and also to have a major role in identifying and marketing intellectual property with commercial potential.
In December 1984, the Chancellor requested that each component draft its own intellectual property plan. Responses to that inquiry revealed the exceptionally heterogeneous needs of the components. These needs are recognized and reconciled in the Basic Intellectual Property Policy of the Regents' Rules and Regulations and the accompanying policies and guidelines. Under these policies and guidelines, the System Administration and component institutions have the flexibility to develop license agreements, sponsored research contracts, and related procedures that meet the specific needs. The policies and guidelines are also an appropriate response to the interest expressed in such a program by the 69th Texas Legislature and to the recommendations of the advisory committee authorized by the Land and Investment Committee.
University of Texas System Office
of General Counsel