On April 28, 2017, President Cross approved revisions to UW System Administrative Policy 346 (Formerly G34), Patents and Inventions.
Summary of changes:
- The goal of the revisions was to update and streamline the policy by adjusting it to fit the new template policy format for UW System policies, by removing extraneous and outdated content, and by consolidating in one policy all aspects of UW System Administrative policies that address patentable inventions. The proposed revisions do not make any substantive changes to traditional UW System patent policy.
- Examples of extraneous/outdated content include sections III.A. and IV of the current policy, which simply restate various provisions of the federal Bayh-Dole Act.
- The proposed revisions harmonize the policy with actual practice by clarifying that the equity review process includes a review of not only contractual agreements for the funding of research, but also any other contractual agreements that grant third parties with rights to UW inventions, including agreements that cover access to proprietary materials and collaboration agreements. See, sections 6.A. and 6.B (intro. paragraph) of the proposed policy.
- The traditional default of individual ownership of inventions when there are no contractual claims to the invention has been preserved. See, section 6.B.III (Unencumbered Inventions) of the proposed policy.
- Additional clarification has been provided with respect to the application of the policy to inventions by students or trainees. See, section 3 of the proposed policy.
- The provision in UW System Administrative Policy 342 (formerly G2), which reserves the continuing right of the UW to use staff inventions for the UW’s education and research mission, has been consolidated into Administrative Policy 346. See, section 6.B. (intro) of the proposed policy.
- Change reporting requirement so that the President of the Board of Regents and/or the UW System President may request a report from an IPMO instead of there being a mandatory annual report. Clarifies the IPMO is responsible for providing funding sources it is aware of through the equity review process as part of any report.
- Renames policy ‘Patents and Inventions’ to more accurately capture the scope of the policy.