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Re: assignment of IP Herbert B. Chermside 28 Aug 2002 13:02 EST

Response is related, not precisely what you asked.

We are a state institution.  We have a state law that requires each
institution to have an IP policy approved by the SCHEV (state higher ed
coordinating agency).  The standards SCHEV (and the AG, too, as SCHEV ran
this past them, too) require that the policy include a requirement that the
inventors assign IP. That law makes the IP policy a condition of
employment.  In addition, we mention the IP policy in letters of appointment.

Given this, we have never had any sponsor who requires a written agreement
to sign a commitment to assign.  In fact, we explicitly exclude such a
request from sponsors (usually industries) who request it in their
agreements.  We just say, "By state law it is a condition of employment."

Hope you can extrapolate something useful from this.

Chuck

At 08:44 AM 8/28/2002 -0500, you wrote:
>Quick question...
>
>At NDSU we have a policy that employees/faculty are required to assign IP
>to the University.  I know this is similar to the policies at many other
>institutions.  When faculty accept positions, they sign a letter of
>commitment/employment contract that they agree to abide by all the
>University policies.  We had not in the past specifically spelled out each
>of the policies, although we are looking at incorporating more detail of
>such policies into commitment letters/contracts.
>
>We have received an inquiry as to whether or not any of the federal
>agencies have a specific requirement of a separate writing proving employee
>agreement to assign inventions to the
>university as a condition of funding vs. a general requirement in
>university policy.  The individual making the inquiry had heard there was
>at least one federal agency with this requirement, but was not certain
>which agency.  Can anyone identify this agency or provide a specific cite
>to such regulations?
>
>As always, your assistance is greatly appreciated!
>
>Valrey V. Kettner
>Assistant Vice President
>Sponsored Programs Administration
>North Dakota State University
>1735 NDSU Research Park Drive
>P.O. Box 5756
>Fargo, ND  58105-5756
>(701) 231-9608
>
>
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Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Commonwealth University
PO BOX 980568
Richmond, VA  23298-0568
Express Delivery Only:
 Sanger Hall, Rm. 1-032A
 11th & Marshall Streets
 Richmond, VA  23219
Voice:  804-828-6772
Fax     804-828-2521
OFFICE e-mail   xxxxxx@VCU.EDU
Personal e-mail xxxxxx@vcu.edu
http://views.vcu.edu/ospa/

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