Ohio Administrative Code › Title 3341 - Bowling Green State University › Chapter 3341-7 - Research › Section 3341-7-03 - Patent policy

Current through all regulations passed and
			 filed through July 1, 2024
(A) Policy statement purpose
The purpose of this policy is to establish the rights and
				procedures for all discoveries or inventions, including patents resulting from
				any research or investigation conducted in whole or in part in any laboratory
				or facility of Bowling Green state university.
(B) Policy
(1) Pursuant to section
			 3345.14 of the Revised Code and
			 as a condition of university employment, all right, title and interest in
			 discoveries or inventions, including patents thereon resulting from any
			 research or investigation conducted in whole or in part in any laboratory or
			 facility of the Bowling Green state university, (BGSU) shall be the sole and
			 exclusive property of BGSU. Assignments or waivers of such rights, titles, and
			 interests may be made by BGSU to external sponsoring agencies or others, as
			 provided in subsequent clauses of this policy.
(2) Promptly upon the conception of a
			 potentially patentable invention or discovery and before either filing for
			 patent or reducing the invention or discovery to practice, the inventor shall
			 disclose to BGSU such invention or discovery and shall assign, in writing, all
			 rights to the invention or discovery to BGSU. Such disclosure shall contain a
			 general description of the field of the invention or discovery, a specific
			 disclosure of the invention or discovery, any prior part of which the
			 inventor(s) is aware, a general statement (if possible) of the economics of the
			 invention or discovery, a listing of the notebooks or other records containing
			 the first description of the invention or discovery, the name of the person to
			 whom the invention or discovery was first disclosed, and the date of such
			 disclosure. Such disclosure shall also contain an election as to the method for
			 payment of patenting and/or licensing and related costs and schedule of
			 distribution of net income received as provided in subsequent clauses of this
			 policy.
(3) All information which
			 may reasonably be related to inventions or discoveries shall be held
			 confidential by the inventor and shall be disclosed only to BGSU or others
			 directed by the officers and agents of BGSU.
(4) All information as described in paragraph
			 above shall be maintained in confidence unless such information is, or becomes,
			 publicly available through no fault to the inventor or unless written
			 permission is obtained from an authorized officer or agent of BGSU to disclose
			 such information.
(5) Whenever
			 requested by BGSU, the inventor shall make, sign, execute, and deliver all
			 applications, assignments, and other papers which, in the opinion of BGSU or
			 its counsel, are deemed necessary, proper, or desirable for obtaining letters
			 patent of the United States and any other countries, and for transferring all
			 such discoveries, inventions, improvements, patentable ideas, methods,
			 processes, trade secrets, and letters patent and applications therefore to
			 BGSU, its successors, and assigns.
(6)
									Royalty
			 distributions shall be made in accordance with article 25, section 4.9 of the
			 collective bargaining agreement.
(7) Net income from any invention or
			 discovery shall consist of earnings received by BGSU from the invention or
			 discovery after payment of all costs incurred by the BGSU or the inventor(s) as
			 applicable in connection with the invention or discovery and beginning at the
			 moment of invention. Such costs shall include the cost of pursuing patent
			 protection, and developing, marketing, and licensing the invention.
If there is a plurality of joint inventors, that part of the
				net income accruing to the inventors will be distributed equally among the
				inventors unless some other distribution is specifically requested in writing
				by the inventors. If a plurality of institutions is involved in an invention,
				an agreement will be negotiated by the institutions in consultation with the
				inventors.
(8) All income
			 received pursuant to an invention or discovery shall be deposited in a separate
			 university account from which shall be deducted an amount equal to the sum of
			 all BGSU or inventor (whichever is applicable) costs paid or billed for
			 obtaining a patent, license, or related activities. After such deductions have
			 been made and distributed, net income distribution according to the elected
			 schedule shall be made on an annual basis.
(9) The president or designee shall appoint a
			 patent advisory committee consisting of three or more faculty members and two
			 or more administrative staff members of BGSU. Such committee shall:
(a) Review all applicable inventions and
			 discoveries and determine and advise in each individual case whether a
			 discovery or invention resulted from research, investigation, or activity
			 conducted in any laboratory or facility of the BGSU and is the property of
			 BGSU.
(b) Determine and advise the
			 president whether or not the discovery or invention, which is the property of
			 BGSU, has a sufficient value or is of a sufficient interest to BGSU to warrant
			 its retention; or, if the same should be relinquished to the inventor or
			 otherwise dealt with.
(c) Advise
			 the president about acquiring on behalf of BGSU, by agreement, on such terms
			 and conditions as it deems appropriate, an interest in such patentable
			 discoveries and inventions in those situations in which it shall have been
			 determined that the discovery or invention does not otherwise belong to
			 BGSU.
(d) Determine and advise the
			 president whether or not to pursue the patentability and development of a
			 discovery or invention that is the property of BGSU.
(e) Recommend to the president appropriate
			 courses of action, including prospective purchasers or licensees of inventions
			 or discoveries, and advise the president on the terms and conditions of any
			 agreements.
(10) The
			 president of BGSU is hereby empowered and authorized, after receiving the
			 advice of the patent advisory committee, and after reporting to the board of
			 trustees, to act on or reject the patent advisory committee's determinations,
			 and to sell, assign, convey, or grant on behalf of BGSU any such discoveries
			 and inventions or any rights or shares in such discoveries and inventions,
			 including patent rights, to such persons, firms, or governmental agencies for
			 such consideration or upon such terms and conditions, including dedication to
			 the public, as shall be deemed by the president, after consultation with the
			 inventors, to be in the proper and best interest of BGSU.
(11) Within six months after disclosure of an
			 invention, the president of BGSU shall
(a)
			 Elect whether to apply for a United States patent and shall initiate the patent
			 search;
(b) Relinquish all rights
			 to the invention to the inventor(s); or
(c) Indicate how the invention shall be
			 otherwise dealt with.
(12) The president or designee is authorized
			 by the board of trustees to make arrangements with external sponsors of
			 research to obtain research funding from such sponsors. Such arrangements may
			 include, but are not limited to, assigning all rights to inventions or
			 discoveries to the sponsor, or granting an exclusive or nonexclusive license to
			 the sponsor with or without royalties to be returned to BGSU. Any such
			 agreement must be in writing and signed by an authorized officer or agent of
			 BGSU. Such agreements will be in consultation with the investigator(s).