Patent Ownership & Net Income Distribution

Situation

Ownership

Net Income distribution

“Substantial Use” > $40,000

University elects 100%

Inventors 60%

University 40%

Until Substantial Use ($40,000+) repaid to University, then:

Inventors 70%

University 30%

(CBA required-see notes)

Federal funding >$40,000 (=Substantial Use)

University elects 100%

Inventors 60%

University 40%

Until Substantial Use ($40,000+) repaid to University, then:

Inventors 70%

University 30%

(CBA required)

Federal funding < $40,000

(No Substantial Use)

University elects 100%

Inventors 60%

University 40%

(Policy)

No Federal Funding AND

No Substantial Use

Faculty 100% -

may assign to University to access PSRF services

If assigned to University:

Inventors 60%

University 40%

(Policy)

On “own time” without use of University facilities; including Sabbatical

Faculty 100% -

may assign to University to access PSRF services

If assigned to University:

Inventors 60%

University 40%

(Policy)

Work for Hire

(typically copyright works)

University (or Sponsor) 100%

Determined in Work Agreement

 

·         When the University elects ownership, it sends the invention disclosure to PSRF for evaluation.  The University must have ownership in order to send the invention disclosure to PSRF.

·         Net Income is the total income generated by the licensing, sale, distribution, or commercialization of an invention, less the direct and indirect expenses incurred by the University for:

·         Substantial use of University resources/support/facilities.

·         The sale or licensing of the invention.

·         The production, development, maintenance, and distribution of the patent or copyright and/or invention.

·         Litigation and other steps to obtain, maintain, enforce, or defend the patent or copyright.

  ·       Faculty shall receive no less than 60% of the net income until the agreed substantial support of the project is repaid to    PASSHE/Unviersity and no less than 70% of the net income thereafter .(APSCUF CBA 2007-2011, Art. 39.D.1.)