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[HEB 3-1978, f. & ef. 6-5-78; Repealed by HEB 8-1978, f. & ef. 12-5-78]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 inventions, 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 351
Stats. Implemented:ORS
Hist.:HEB 8-1978, f. & ef. 12-5-78
Objectives of Policy
580-43-007 It is the Boards 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 equitably sharing net royalty income with employees, and with sponsoring agencies when required by an agreement.
Stat. Auth.: ORS 351
Stats. Implemented:ORS
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[HEB 3-1978, f. & ef. 6-5-78; Repealed by HEB 8-1978, f. & ef. 12-5-78]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 developedusing institutional facilities, personnel, information or other resources; and
(b) Educational and professional materials whether or not registered for copyright, that result from the instructional, research or public service activities of hte institutions.
(2) Employees shall be responsible for disclosing to designate institutional representatives all inventions, technological improvements and educational and professional materials conceived, developed and/or produced during conduct of normal activities.
(3) Employees shall be eligible to share in net royalty income from each invention or separate improvement thereof, an amount not to exceed:
(a) 40 percent of the first $50,000, 35 percent of the next $50,000, and 30 percent of all additional net royalty income received by the Board for inventions and technological improvements; and
(b) 50 percent of net royalty from educational and professional materials.
(5) For the limited purposes of administering the policies under Division 43, persons acting the folllowing 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 351.070
Stats. Implemented:ORS
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; HEB 1-1993, f. & cert. ef. 2-5-93
Reporting Inventions
580-43-015
HEB 8-1978, f. & ef. 6-5-78; Repealed by HEB 8-1978, f. & ef. 12-5-78]
Institutional Responsibilities
580-43-0016 To manage inventions, technological improvements and educational and professional materials developed by employees, institutions shall:
(1) Apply Board-adopted policies and procedures.
(2) Encourage employee activities that 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 Vice Chancellor for Finance and Administration or designee contractual agreements, patent applications, and equitable sharing of net royalty income.
Stat. Auth.: ORS 351.070
Stats. Implemented:ORS
Hist.:HEB 8-1978, f. & ef. 12-5-78; HEB 1-1986, f. &ef. 1-17-86;
HEB 10-1990, f. & cert. ef. 7-26-90; HEB 1-1993, f. & cert. ef. 2-5-93
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 Finance and Administration Responsibilities
580-43-0026 The Office of Finance and 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, execution of licenses and agreements and distribution of royalties.
Stat. Auth.: ORS 351.070
Stats. Implemented:ORS
Hist.:HEB 8-1978, f. & ef. 12-5-78; HEB 1-1993, f. & cert. ef. 2-5-93;
Research and Development of Inventions with Outside Organizations
580-43-030
[HEB 3-1978, f. & ef. 6-5-78; HEB 8-1978, f. & ef. 12-5-78]
Appointment of Committee
580-43-035
[HEB 3-1978, f. & ef. 6-5-78; HEB 8-1978, f. & ef. 12-5-78]
Duties of Committee
580-43-040
[HEB 3-1978, f. & ef. 6-5-78; HEB 8-1978, f. & ef. 12-5-78]
Action of Committee to be Expedited
580-43-045
[HEB 3-1978, f. & ef. 6-5-78; HEB 8-1978, f. & ef. 12-5-78]
Inventor's Royalties
580-43-050
[HEB 3-1978, f. & ef. 6-5-78; HEB 8-1978, f. & ef. 12-5-78]
Board's Income From Patent
580-43-055
[HEB 3-1978, f. & ef. 6-5-78; HEB 8-1978, f. & ef. 12-5-78]
For more information or clarification, Contact Caroline Kerl, OSU Legal Counsel or Oregon University System.
