Management of Intellectual Property (Patents, Copyrights and Information Technology)

Approved October 8, 2002

Revised September 10, 2009

Next Scheduled Review: September 10, 2011

Supplements System Policy 17.01, System Regulation 17.02.02

Rule Statement

Intellectual property management for the Texas Engineering Experiment Station (TEES) is described by System Policy 17.01, Intellectual Property Management and Commercialization, System Regulation 17.02.02, Technology-Mediated Instruction, and this rule.

Reason for Rule

This rule documents procedures and responsibilities for managing intellectual property as stated in System Policy 17.01 and System Regulation 17.02.02.

Procedures and Responsibilities

1. GENERAL

• • 1.1 – The transfer of innovations from academic laboratories to the private sector for public benefit received major support through the 1980 enactment of P.L. 96-517, the Patent and Trademark Law Amendments Act (commonly known as the Bayh-Dole Act) and the amendments included in P.L. 98-620 enacted into law in 1984. TEES supports the full and rapid dissemination of the creative and scholarly works of its researchers in order to provide timely benefits to the citizens of the State and the nation.
  • 1.2 – In addition to the Federal regulations cited above, TEES researchers must abide by the System Policy 17.01 and System Regulation 17.02.02 regarding management of intellectual property.
  • 1.3 – The process whereby TEES’ creative and scholarly works may be put to public use and/or commercial application (i.e., technology transfer) must be implemented within the framework of an individual’s obligations to TEES. Actions which serve personal interests to the detriment of TEES’ interests must be avoided.
  • 1.4 – Research projects may result in development of commercially viable innovation and intellectual property. System Policy 17.01 discusses the ownership of research results and data.

2. INVENTIONS, PATENTS, LICENSING, AND COPYRIGHT POLICY

• • 2.1 – All TEES researchers have a duty to disclose any intellectual property they develop to the System Office of Technology Commercialization (OTC).
  • 2.2 – The OTC protects System-owned innovations with patents, and seeks to license those innovations to private industry for public benefit.
  • 2.3 – OTC secures any patents for TEES through the U.S. Patent and Trademark Office.
  • 2.4 – Technology mediated instructional material shall be managed under System Regulation 17.02.02.

Related Statutes, Policies, or Requirements

Bayh-Dole Act
http://www4.law.cornell.edu/uscode/35/usc_sup_01_35_10_II_20_18.html

Policy 17.01, Intellectual Property Management and Commercialization
http://tamus.edu/offices/policy/policies/pdf/17-01.pdf

Regulation 17.02.02, Technology-Mediated Instruction
http://tamus.edu/offices/policy/policies/pdf/17-02-02.pdf

Definitions

Unless otherwise stated, all terms used in this rule shall have the meaning assigned by System Policy 17.01.