The University of Texas (UT) System Board of Regents and The University of Texas Health Science Center at Houston (UTHSC-H) encourage the development of inventions and other intellectual creations for the best interest of the public, the creator, and any research sponsor. After securing available protection for the creation, the UTHSC-H will permit the disclosure of intellectual property by development and commercialization, by publication, or both. The basic policy of the board is to develop intellectual property primarily to serve the public interest, and usually this is best achieved by developing and commercializing the property by exclusive licensing. However, the public interest may sometimes be promoted best by granting nonexclusive licenses for the period of the patent. These determinations will be recommended and made in accordance with administrative procedures established by the board and the UTHSC-H.
A comprehensive intellectual property policy has been formulated by the board to clarify and protect the interests of all concerned.a This intellectual property policy applies to all persons employed by the UTHSC-H, to anyone using UTHSC-H facilities under supervision of UTHSC-H personnel, to candidates for masters and doctoral degrees, and to post-doctoral and pre-doctoral fellows. As used in the context of this policy, the term "intellectual property" includes any invention, discovery, trade secret, technology, scientific or technological development, computer software, or other form of expression that is in a tangible form.
The board does not assert an interest in student, professional, faculty, or non- faculty-authored works, scholarly works, art works, musical compositions, and dramatic and non-dramatic literary works related to the faculty member's professional field regardless of the medium of expression, unless the work is commissioned by the board or is a work for hire.
The board has rights in the intellectual property if the intellectual property is related to an individual's employment responsibility or has resulted from activities performed by the creator(s) under any of the following circumstances: on UTHSC-H time; with support of state funds; while using UTHSC-H facilities or personnel; while engaged in research supported by a grant or contract from a federal agency, by a profit or non-profit entity, or by a private gift to The University of Texas. However, a creator of intellectual property who does not fall within any of the previously mentioned circumstances may offer his or her creation to the UT System. In such a case, the UTHSC-H president will recommend to the board whether the System should support and finance a patent application or other available protective measures and manage the development and commercialization of the property.
The UT System, with the cooperation of the UTHSC-H, will provide review and management services for patentable inventions as well as other intellectual property either by its own staff, through a related foundation, or by other means.
To obtain protection for intellectual property, an individual will complete the UTHSC-H Invention Disclosure form and submit it to the attention of the chair of the Intellectual Property Advisory Committee. Copies of the form may be obtained from the Office of Legal Affairs and Risk Management.
The committee will review each disclosure and formulate recommendations regarding what interest, if any, the UTHSC-H has in the property, and whether the UTHSC-H and the board should assert their interest or permit the creator to proceed on his or her own with or without certain restrictions. The committee's recommendations will be forwarded to the president, who will forward his or her recommendations to the board.
If the UTHSC-H chooses not to assert its interest in a newly created intellectual property, and that recommendation is approved by the UT Office of General Counsel and the Executive Vice Chancellor for Health Affairs, the creator will be notified within 180 days of the date of submission. If the UTHSC-H chooses to assert its interest, it will work with UT System to pursue patent or other appropriate protection of the intellectual property, and will bear the costs of doing so. The UTHSC-H and the UT System will also assist in securing funding for further development of the creation. Subsequent net royalties, as net royalties are defined by the board, will be shared between the UTHSC-H and the creator(s) according to the following formula:
In the event that no school or department is clearly involved in the original development, the Intellectual Property Advisory Committee will suggest a division consistent with the intention of the division shown above. The final decision will rest with the president.
More specific details of this policy may be obtained by contacting the chair of the Intellectual Property Advisory Committee.
aBoard of Regents, UT System, Rules and Regulations, Series 90101, Rules for Intellectual Property: Purpose, Scope, Authority.
Updated 08/05; 08/07
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