Ohio Administrative Code › Title 3337 - Ohio University › Chapter 3337-3 - Faculty Governance › Section 3337-3-35 - Patent policy

Current through all regulations passed and filed through July 1, 2024
(A) Patentable discoveries sometimes result
			 from research performed at Ohio university. It is the desire of the university
			 to be as helpful as possible in protecting the patent rights of the faculty and
			 researchers, students and employees, to the fullest extent compatible with the
			 public interest and the rights of the university. To this end the university
			 has set up a patents committee and has contracted for the patent management
			 services of the "Research Corporation" and of the "Battelle Development
			 Corporation" and has authorized the hiring of patent attorneys to file patent
			 applications.
(B) Section
			 3345.14 of the
			  Revised code, the state law governing
			 patent rights of Ohio university personnel states:
(1) "Rights to discoveries or inventions to
			 be property of university or center; disposition of income therefrom. All
			 rights to and interests in discoveries or inventions, including patents thereon
			 which result from research or investigation conducted in any experiment
			 station, bureau, laboratory, or research facility of any state college,
			 university, or agricultural research and development center shall be the sole
			 property of such college, university, or center. No person, firm, association,
			 corporation, or governmental agency which uses the facilities of such college,
			 university, or center in connection with such research or investigation and no
			 faculty member, employee, or student of such college, university, or center
			 participating in or making such discoveries or inventions, shall have any
			 rights to or interests in such discoveries or inventions, including income
			 therefrom, except as may, by determination of the board of trustees of college
			 or university, or by determination of the board of- control in case of such
			 center, be assigned, licensed, transferred, or paid to such persons or
			 entities. As may be determined from time to time by the board of trustees of
			 any state college, university, or by the board of control in case of the
			 agricultural research and development center, the college or university, or
			 center may retain, assign, license, transfer, sell, or otherwise dispose of, in
			 whole or in part and upon such terms as the board of trustees or board of
			 control may direct, any and all rights to, interests in, or income from-any
			 such discoveries, inventions, or patents which the college, university or
			 center owns or may acquire. Such dispositions may be to any individual, firm,
			 association, corporation, or governmental agency, or to any faculty member,
			 employee, or student of the college, university, or center, as the board of
			 trustees or board of control may direct. Any and all income or proceeds derived
			 or retained from such dispositions shall be applied to the general or special
			 use of the college, university, or center, as determined by the board of
			 trustees of such college, university, or by the board of control in the case of
			 such center. History: 129v1665, 1 (effective October 26, 1961); 131vII 64, 1,
			 effective July 28, 1965."
(2) The
			 board of trustees of Ohio university, on April 17, 1962, authorized the
			 president of Ohio university, "to assign, license, or transfer to any
			 government agency furnishing funds for research and investigation, any
			 discoveries or inventions including patent rights thereon, resulting from
			 investigation, or research supported in whole or in part by the said government
			 agencies, providing the president finds it advisable to assign these patent
			 rights in order to obtain the contract", and on January 29, 1965, "to assign,
			 license, or transfer to any individual, firm, association, corporation, or
			 governmental agency furnishing funds for research and investigation, any
			 discoveries or inventions including patent rights thereon, or any portion of
			 patent rights, resulting from investigation, or research supported in whole or
			 in part by said individual, firm, association, corporation, or governmental
			 agency, providing the president finds it advisable to assign these patent
			 rights or portion of the patent rights in order to obtain the
			 contract".