Ohio Administrative Code › Title 3364 - University of Toledo › Chapter 3364-70 - Research Protection and Practices › Section 3364-70-04 - Patent Policy

Current through all regulations passed and filed through July 1, 2024
(A)
								Policy
			 statement.
It is the policy of the university of
				Toledo "university" to treat all faculty, staff, and students equally with
				respect to their rights as inventors of creations, discoveries, inventions or
				patents.
Pursuant to section
				3345.14
				of the Revised Code, all rights to and interests in discoveries, inventions or
				patents which result from any research, investigation or work conducted in any
				university laboratory or facility or by employees acting within the scope of
				their employment or with funding, equipment, or infrastructure provided by or
				through university, will be the sole property of university
,
its successors and
				assigns.
Employees shall and do hereby assign
				such rights, titles and interests to university. Assignments or waivers of such
				rights, titles and interests may be made to external sponsoring agencies or
				others, as provided in subsequent clauses of this policy.
(B)
								
			 Purpose of policy.
Provide a guideline for the ownership
				and disposition of any creations, discoveries, inventions, or patents that
				result from research, investigation or work conducted by university faculty,
				staff, or students.
(C)
								
			 Definitions.
(1)
									 "Net income" from any university intellectual property
			 means: earnings received by university from a license with a third party for
			 the university intellectual property, after payment of all costs incurred by
			 university in connection with the invention or discovery. Such costs will
			 include, but not be limited to, costs associated with pursuing patent
			 protection or developing the invention, any investment in the invention, and/or
			 marketing and/or licensing the invention. If there is more than one university
			 inventor, that part of the net income accruing to such university inventors
			 will be distributed on a pro-rata basis, unless another percentage disbursement
			 of the total university inventors' share is specifically requested in writing
			 by such university inventors.
(2)
									Patent and
			 commercialization committee "patent committee" means:
(a)
										Committee
			 appointed by the president's designee to serve on one of two committees, one
			 each on university main campus and health science campus.
(b)
										Committees will
			 consist of faculty, administrative staff, community members and any other
			 person with expertise deemed desirable for evaluating university intellectual
			 property.
(3)
									"University intellectual property" means:
(a)
										Creations,
			 discoveries, inventions, or patents which result from research, investigation
			 or work conducted:
(i)
											In any university laboratory or facility;
			 or
(ii)
											By university faculty, staff or students while acting
			 within the scope of their employment; or
(iii)
											With funding,
			 equipment, or infrastructure provided by or through university.
(4)
									"University inventor" means any faculty, staff or
			 students with rights to or interests in creations, discoveries, inventions or
			 patents developed pursuant to section (C)(3)(a)(i) to (C)(3)(a)(iii) of this
			 patent policy 3364-7004.