Policies Relating To Inventions, License Agreements, Educational and Professional Materials Development, Patents and Copyrights

Objectives of Patent Policy

580-43-005 [HEB 3-1978, f.& ef. 6-5-78; Repealed by HEB 8-1978, f. & ef. 12-5-78}

Policy

580-43-006 The educational and research activities of employees of the Board of Higher Education and its institutions frequently result in the discovery of new knowledge in the form of invention, technological improvements, and the production of educational and professional materials. It shall be the general policy of the Board that such results be made available to the public in the most expeditious manner.

Stat. Auth.: ORS ch. 351
Hist.: HEB 8-1978. f. & ef. 12-5-78

Objectives of Policies

580-43-007 It is the Board's intent to:

1) Provide systematic means of bringing inventions, technological improvements, and educational and professional materials into the public domain;
2) Encourage the development of new knowledge while protecting traditional academic freedom of employees in the publication of materials, development of inventions, and discovery of technological improvements;

3) Establish principles and procedures for equitable sharing net royalty income with employees, and with sponsoring agencies when required by an agreement.
Stat. Auth.: ORS ch. 351
Hist.: HEB 8-1978. f. & ef. 12-5-78

Patent Agreements Required of Employees

580-43-010 [HEB 3-1978, f. & ef. 6-5-78; Repealed by HEB 8-1978, f. & ef. 12-5-78]

Employee Responsibilities and Rights

580-43-011
1.As a condition of employment, all Board and institution employees shall agree to assign to the Board rights to:
(a) Any invention or improvement in technology conceived or developed using institutional facilities, personnel, information, or other resources; and
(b) Educational and professional materials, whether or not registered for copyright, which result from the instructional, research, or public service activities of the institutions.

2.Employees shall be responsible for disclosing to designated institutional representatives all inventions, technological improvements, and educational and professional materials conceived, developed, and/or produced during the conduct of normal activities.

3.Employees shall be responsible for cooperating and assisting Board and institutional representatives responsible for patenting, licensing, registering for copyright, publishing, and generally assisting public access to new knowledge resulting from employee activities.

4.Employees shall be eligible to share in net royalty income from each invention or separate improvement thereof, an amount not to exceed:
(a) 40% of the first $50,000, 35% of the next $50,000, and 30% of all additional net royalty income received by the Board for inventions and technological improvements; and
(b) 50% of net royalty income from educational and professional materials.

5.For the limited purposes of administering the policies under Division 43, persons acting in the following capacities shall be entitled to the benefits and subject to the responsibilities of said rules: Graduate teaching assistants, graduate teaching fellows, graduate research assistants, and student employees.
Stat.Auth.: ORS Ch. 351
Hist.: HEB 8-1978. f. & ef. 12-5-78. HEB 9-1980. f. & ef. 8-20-80. HEB 1-1982. f. & ef. 4-20-82

Reporting of Inventions

580-43-015 [HEB 3-1978, f. & ef. 6-5-78, Repealed by HEB 8-1978, f. & ef. 12-5-78]

Institutional Responsibilities

580-43-016 To manage inventions, technological improvements, and educational and professional materials developed by employees, institutional shall:
(1) Apply Board-adopted policies and procedures;
(2) Encourage employee activites which lead to new knowledge;
(3) Actively seek applications for new knowledge developed by employees;
(4) Anticipate and comply with conditions in contracts, grants, and agreements with sponsoring agencies;
(5) Recommend to the Executive Vice Chancellor or designee contractual agreements, patent applications, and equitable sharing of net royalty income.

Stat. Auth.: ORS Ch. 351
Hist.: HEB 8-1978. f. & ef. 12-5-78 HEB 1-1986. f. & ef. 1-17-86

Patent Assignment Agreement

580-43-020 [HEB 3-1978. f. & ef. 6-5-78; Repealed by HEB 8-1978. f. & ef. 12-5-78]

Execution of Contracts and Assignments

580-43-025 [HEB 3-1978. f. & ef. 6-5-78; Repealed by HEB 8-1978. f. & ef. 12-5-78]

Office of Administration Responsibilities

580-43-026 The Office of Administration shall:
(1) Assist institutions in the development of procedures implementing Board policies and managing new knowledge;
(2) Monitor institutional application of Board policies;
(3) Review and approve institutional recommendations regarding assignment of rights, applications for patents.