I've asked this question before but want a refresher.   First, the
ground work:  A graduate student is employed on a federal sponsored
agreement subject to Bayh-Dole and the assistantship is considered a 50%
employee appointment and that type of appointment is a salaried position
not subject to local personnel act (i.e. not eligible for overtime work;
get the "job" done, irrespective of total time).

The aforementioned graduate student creates IP while working in "the
lab" to which s/he is assigned to work while employed to work on the
federal sponsored agreement.  The IP is the result of a much broader
aspect of the discipline under which s/he is working towards as
described by the federal sponsored agreement that is paying his/her
salary.

My argument is that this IP does not need to be disclosed to the
federal sponsor and the federal sponsor accrues no rights in the IP
because [its] relationship to the specifics for which the sponsored
agreement was issued can not be related to the objectives (and
deliverables) of the sponsored agreement.

Am I right?   Beyond this argument, what constitutes sufficient support
for or against (so I can argue it with the feds or with the academic
department) the reason to disclose to the feds or not...

Please advise directly or via the list and thanks in advance for your
assistance.  Apologies for those who receive this on the many lists I
have posted.

Thanks!

Matt

Matt Ronning
Associate Vice Chancellor and Director
Research Administration / SPARCS
North Carolina State University
1 Leazer Hall - Lower Level
Campus Box 7514
Raleigh, NC 27695-7514
919-513-2148 - Direct Line
919-515-7200 - Main Line
919-515-7721 - Fax
xxxxxx@ncsu.edu - e-mail
http://www.ncsu.edu/sparcs  - URL

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