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Re: Reply: Patents and federal funds Rosemary Ruff 21 Oct 1999 12:35 EST

Something else you should consider is that software is rarely patentable.
It is usually copyrighted.  Bayh-Dole (37CFR401) doesn't cover copyright.

A major concern (revenue generating) is likely to be unrelated business
income (UBIT) and IRS implications.  You might want to get IRS publication
598 "Tax on Unrelated Business Income of Exempt Organizations."  It is
available from the IRS website:

http://www.irs.gov/forms_pubs/index.html

Rosemary

At 12:49 AM 10/21/1999 -0400, you wrote:
>The concern you would have over "profitability" would have nothing to
>do with accepting federal project funding. As a nonprofit institution,
>you may have tax concerns that you ma need to consider.  The primary
>issue you would need to face in terms of patenting is complying with
>the terms of what I would expect would be the standard patent and
>licensing provision the agency would include in your grant(s). On that
>matter, I would refer you to the Code of Federal Regulations
>37CFR401...you can find that at the following address on the web:
>http://www.access.gpo.gov/nara/cfr/cfr-table-search.html
>
>

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Rosemary H. Ruff                   VOICE: 334-844-4438
Assistant Director                 FAX:   334-844-5953
Contracts & Grants Administration  EMAIL: xxxxxx@mail.auburn.edu
310 Samford Hall                   Auburn, AL 36849-5131
Trains stop at train stations.  Busses stop at bus stations.  On my desk I
have a workstation...

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