> **INTELLECTUAL PROPERTY ACKNOWLEDGMENT**
>
> This acknowledgment is made by me to The Regents of the University of
> California, a corporation (hereinafter called \"University\"), in part
> consideration of my employment, and of wages and/or salary to be paid
> to me during any period of my employment, by Lawrence Berkeley
> National Laboratory (hereinafter called \"LBNL\"), operated by the
> University on behalf of the United States Department of Energy
> (hereinafter called \"DOE\"), of wages and/or salary to be paid to me
> during any period of my employment, by University, and/or my
> utilization of University research facilities and/or my receipt of
> gift, grant, or contract research funds through the University. This
> acknowledgment pertains to my obligation to assign or otherwise vest
> ownership in the University of Patents, copyrights, and technical data
> developed in the course of my employment at the University, pursuant
> to the regulations and policies of the University, DOE, and the
> Management and Operating Contract DE-AC03-76SF00098 between DOE and
> the University (hereinafter called \"M&O Contract\").
>
> By execution of this acknowledgment, I understand that I am not
> waiving any rights to a percentage of royalty payments received by
> University, as set forth in the University of California Patent
> Policy, or the University of California Policy on Copyright Ownership
> (hereinafter called \"Policy\").
>
> I also understand and acknowledge that the University has the right to
> change the Policy from time to time, including the percentage of net
> royalties paid to intellectual property creators (hereinafter called
> \"Inventors\"), and that the policy is in effect at the time a given
> intellectual property (hereinafter called \"invention\") is disclosed
> shall govern the University\'s disposition of royalties, if any, from
> that invention. Further, I acknowledge that the percentage of net
> royalties paid to inventors is derived only from consideration in the
> form of money or equity received under: 1) a license or bailment
> agreement for licensed rights, or 2) an option or letter agreement
> leading to a license or bailment agreement. I also acknowledge that
> the percentage of net royalties paid to inventors is not derived from
> research funds or from any other consideration of any kind received by
> the University. The Policy on Accepting Equity When Licensing
> University Technology governs the treatment of equity received in
> consideration for a license.
>
> I acknowledge my obligation to assign inventions that I conceive or
> develop while employed by University or during the course of my
> utilization of any University or DOE research facilities or any
> connection with my use of gift, grant, or contract research funds
> received through the University. I further acknowledge my obligation
> to promptly report and fully disclose the conception and/or reduction
> to practice of inventions to the LBNL Patent Department. Such
> inventions shall be examined by University to determine rights and
> equities therein in accordance with the Policy. I shall promptly
> furnish University with complete information with respect to each.
>
> In the event any such invention shall be deemed by University to be
> patentable or protectable by an analogous property right, and
> University desires, pursuant to determination by University as to its
> rights and equities therein, to seek patent or analogous protection
> thereon, I shall execute any documents and do all things necessary, at
> University\'s expense, to assign to University all rights, title, and
> interest therein and to assist University in securing patent or
> analogous protection thereon. The scope of this provision is limited
> by California Labor Code section 2870, to which notice is given below.
> In the event I protest the University\'s determination regarding any
> rights or interest in an invention, I acknowledge my obligation:
>
> \(a\) to proceed with any University requested assignment or
> assistance;
>
> \(b\) to give University notice of that protest no later than the
> execution date of any of the above-described documents or assignment;
> and
>
> \(c\) to reimburse University for all expenses and costs it encounters
> in its patent application attempts, if any such protest is
> subsequently sustained or agreed to.
>
> I further acknowledge that, pursuant to the University copyright
> policy, the scope of my employment includes the production of
> copyrightable materials that are related to my field of work and that
> I produce in the course of my employment, specifically including, but
> not limited to, reports, computer software, technical drawings and
> audio-visual works; that the University, as my employer is the owner
> of the copyright in such materials as works for hire; and that the
> Government is granted a royalty free, non-exclusive license to the
> materials pursuant to the M&O Contract with DOE.
>
> I acknowledge that I am bound to do all things necessary to enable
> University to perform its obligations to grantors of funds for
> research or contracting agencies as said obligations have been
> undertaken by University, including University\'s M&O Contract,
> including my duty to: promptly disclose in writing all inventions made
> at LBNL; and to secure LBNL patent counsel approval prior to the first
> public disclosure of an invention.
>
> University may relinquish to me all or a part of its right to any such
> invention, if, in its judgment, the criteria set forth in the Policy
> have been met.
>
> I acknowledge that I am bound during any periods of employment by
> University or for any period during which I conceive or develop any
> invention during the course of my utilization of any University
> research facilities, or any gift, grant, or contract research funds
> received through the University.
>
> In signing this agreement I understand that the law, of which
> notification is given below, applies to me, and that I am still
> required to disclose all my inventions to the University.
>
> NOTICE
>
> This acknowledgment does not apply to an invention which qualifies
> under the provision of Labor Code section 2870 of the State of
> California which provides that
>
> \(a\) Any provision in an employment agreement which provides that an
> employee shall assign, or offer to assign, any of his or her rights in
> an invention to his or her employer shall not apply to an invention
> that the employee developed entirely on his or her own time without
> using the employer\'s equipment, supplies, facilities, or trade secret
> information except for those inventions that either:
>
> 1\) Relate at the time of conception or reduction to practice of the
> invention to the employer\'s business, or actual or demonstrably
> anticipated research or development of the employer;
>
> \(2\) Result from any work performed by the employee for the employer.
>
> \(b\) To the extent a provision in an employment agreement purports to
> require an employee to assign an invention otherwise excluded from
> being required to be assigned under subdivision (a), the provision is
> against the public policy of this state and is unenforceable.
>
> In any suit or action arising under this law, the burden of proof
> shall be on the individual claiming the benefits of its provisions.
>
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