Ruth, you may want to look at this as a possible conflict of interests
issue, if the PI specifies the use of a program for which the grant must
pay him a royalty or service fee.  Or if the grant enhances the value of a
product which he owns.  COI might be reduced if he allows the grant to use
it for no cost, and then free market would set a value for users other than
himself -- if any.

Chuck

At 10:29 AM 12/6/01 -0500, you wrote:
>Good Morning,
>
>We have a "sticky" situation regarding intellectural property and I
>would appreciate your counsel.  One of our faculty came to Lehigh with a
>commercial software product which he will be using and improving through
>his research activities at Lehigh.  The ownership of the product and
>future enhancements has been reviewed, discussed and documented.  The
>faculty member owns it and Lehigh doesn't want any rights now or in the
>future.
>
>Here's the sticky part:  the faculty member wants to charge his grants a
>license fee for two copies of the software each year.  I consider this
>"sticky" because I'm not sure that there is a large market for the
>software or if it is being marketed, at all.  Also, from the prior
>discussions, it was clear that the software will continually be enhanced
>and expanded through his work.  What should I do: make sure there are
>other customers for/users of the software and that the grants are not
>the only paying "customers"?  Confirm that the software is being
>enhanced though the work, and then restrict the license to only the
>first year for the initial "version" of the software?
>
>Your input would be appreciated.
>
>Ruth
>
>Ruth Tallman
>Office of Research and Sponsored Programs
>Lehigh University
>526 Brodhead Avenue
>Bethlehem, PA  18015
>Phone:   (610)758-3024
>FAX:    (610)758-5994
>E-mail:   xxxxxx@lehigh.edu
>
>
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Virginia Commonwealth University
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