Re: Invention Disclosure Agreements Herbert B. Chermside 20 Mar 1998 09:24 EST

VCU is a state institution.    State law makes the institution's
Intellectual Properties Policy a condition of employment.  Our Policy
identifies applicabiolity to

"University member.
All full- and part-time faculty, classified employees, administrative
staff, paid student assistants,
students, fellows and trainees, visiting faculty and researchers, and those
employees and visitors
covered by sponsored program agreements or other contractual arrangements
are considered
University members for purposes of this policy, and are subject to its terms."

Our General Counsel advises that this legislation/policy combination makes
a separate written agreement unnecesary.  At the time 37CFR41 was
promulgated, I conferred verbally with Norm Latker, and he concurred.

I note that it is highly unlikely that a student will participate in a
federally (or other) sponsored project unless receiving some pay, thus
being an employee.  Our Counsel thinks that the additional statement in the
University Catalogue,that this policy as well as others apply to students,
covers any students who are not also employees.

This solution applies to all VA state institutions (I note that there are
some variances among institutional policy language, but the principle
holds); other states may have something similar in place.

This solution was crafted expressly to avoid the need for a system of
getting signatures from each individual who might be involved in federally
supported research, as well as other sponsors' (quivalent, but usually
different in detail) requirements.  I describe it in hopes that others may
be able to develop something similar, to minimize snowstorms of paper!

Chuck

At 04:28 PM 3/19/98 -0600, you wrote:
>Hello everyone!
>
>I am curious as to how other institutions are implementing the
>stipulation in 37 CFR 401 which requires the University to have a
>written agreement with its employees to disclose all inventions made
>under federal contracts.   I am especially interested in how such
>agreements are executed with graduate students.
Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Comonwealth University
PO BOX 980568
Richmond, VA  23298-0568
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