I believe that in most industry environments, the company owns all the
intellectual property developed by its employees and in many cases there is
little financial return to the inventor although they are listed as such on
the issued patents.  Of course in an industry environment, employees would
be full time for 12 months and would not be allowed to enjoy consulting
arrangements outside their normal employment - maybe expert witnesses - but
rarely anything robust.

Universities provide a much more open environment for the activities of
their faculty but no matter how brilliant a person is, it seems to me that
they would have difficulty divorcing their thoughts, skills, and practices
during consulting and summer activities from those thoughts they have
during their academic employment with the university.  Teaching, research
and public service activities are all interrelated in some fashion and the
"university paid" portion of the person's efforts constitutes the majority
of a calendar year (at least you would think) .

We are revising our policies here and there is confusion among faculty and
some in administration (me specifically) about where the proverbial "line"
is between university activity (thus university owned IP) and the freedom
to go and do as you please that faculty have received over time.  The
proposed policy revisions are really just clarifications (from my
perspective) but it seems that anytime you try to "clarify" a policy
statement, folks come out of the woodwork who have never understood the
policy in the first place, find themselves having violated it regularly in
the past and who don't really want things to change.

We have reviewed the policies at many peer institutions - some similar to
us and some not so similar but all apparently successful in managing their
IP portfolio.  Maybe I am asking for a philosophical discussion on the
topic or maybe I just want a quick answer or procedure that seems to work
easily at your institution.  I am not sure - I just feel compelled to ask.

I don't want to draw a restrictive boundary if it is not necessary - the
energy required to constantly negotiate the border lines is wasteful and
really adds no value to anything - but I am seriously concerned about
protecting the institution and being fair to all parties involved.   I
don't want to see the proposed policy "diluted" because of a lack of
understanding or effective communication on both "sides" of the issue.  I
wish there weren't "sides" but rather an equal  partnership.

If it is simply a matter of educating faculty - how do you EVER get them
all in the same room and receptive long enough to listen?
Is it a matter of spouting off the "rules" and making an example of those
who break the rules?
Is is a matter of taking a deep breath and accepting the fact that the
university may lose some IP because of the freedoms afforded a faculty
member?
Do you hire a team of scientists and patent experts to review lab notebooks
to ensure that conception and reduction to practice actually occurred on
university time, using university facilities and in the areas of expertise
of the scientist?
How do you control consulting if you should?  I don't know where the idea
of faculty consulting came from.  We had a policy when I arrived and it has
been suggested that the university and the community benefit from the
consulting activities of the faculty through public service, dissemination
of information and publicity for the institution.  I often hear faculty
talk more passionately about how much money they can make doing
consulting  than the benefits to the university.

The policies, the culture, the administrative structure, the state laws,
even the weather - are different at all the institutions represented on
RESADM-L but I would bet there is enough similarity that we could share
numerous stories, philosophies and best practices on this topic.

I just thought that we could all discuss it for a while.

Thanks.

*****************************************
Martha M. Taylor, Director
Office of Sponsored Programs
310 Samford Hall
Auburn University, AL 36849-5131

334-844-4438
334-844-5953 (fax)

xxxxxx@auburn.edu

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