Goals

The goal of preparing and distributing these guidelines is fourfold:

·         Assist University personnel in the commercialization of their products.

·         Make inventions and creations resulting from the efforts of University personnel available to industry and the public on an effective and nondiscriminatory basis.

·         Obtain revenue for University personnel, who invent and create, and for the PASSHE Universities for use in furthering their educational and research goals.

·         Define the rights and responsibilities of all parties involved in development of Technology Transfer and Commercialization at PASSHE Universities.

The guidelines are in accordance with provisions pertaining to Intellectual Property in Article 39 of the 2007-2011 Collective Bargaining Agreement (CBA) between The Association of Pennsylvania State College and University Faculties (APSCUF) and The Pennsylvania State System of Higher Education (PASSHE) that governs faculty work. This document is intended to provide guidance to implement that Article of the CBA. Citations to the CBA are footnoted when appropriate.

This document also provides guidance for compliance with federal patent requirements that are incorporated into all federal research grant agreements and contracts. University procedures regarding patent management and technology transfer must be consistent with federal law and policy as set forth in the Bayh-Dole Act of 1980, P.L. 96-517, as amended by P.L.98-620, implemented by regulations published at 37 CFR Part 401. Federally-funded sponsored research grants, contracts, or sponsorship agreements are subject to the Bayh-Dole Act and restrict faculty members’ claim of ownership and interest in Intellectual Property.[1]

Intellectual Property developed by University faculty with the support of a non-federal sponsor shall be governed by the provisions regarding ownership in the sponsorship agreement, grant or contract.[2]

While the purpose of this document is to provide procedures to manage patentable inventions, a note on copyrights is necessary to distinguish between the two, particularly concerning scholarly work. The University encourages faculty to create literary, scholarly, and artistic works[3]. In this context, copyright ownership of such works generally rests with the creator(s). For more information, including details on the exceptions to creator ownership, see Copyright Practice and Procedures.

The management of patent and copyright processes in a university setting is a complex, highly specialized endeavor. As the need for clarification regarding policies and procedures arises, University faculty are urged to contact their University Authorized Official and their delegates or designees.

PASSHE only recently initiated a program to enhance its stewardship of its patent and related copyright activities; therefore, the policies and procedures cited herein are subject to ongoing review and possible future modification.

 

VIDEO: Faculty CBA Article 39


[1] 2007-2011 APSCUF CBA Art. 39. B.6 and B.7

[2] 2007-2011 APSCUF CBA Art. 39,

[3] 2007-2011 APSCUF CBA Art. 39.B.2.