From the ECS State Policy Database Postsecondary Faculty--Intellectual Property

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary TX Signed into law 06/2011 Postsec. Specifies that information maintained by or for an institution of higher education that would reveal the institution's plans or negotiations for commercialization or a proposed research agreement, contract or grant, or that consists of unpublished research or data that may be commercialized, is not subject to Chapter 552, Government Code [Public Information], unless the information has been published, is patented or is otherwise subject to an executed license, sponsored research agreement, or research contract or grant. Page 26 of 38: http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB00005F.pdf#navpanes=0 Title: S.B. 5 - Postsecondary Information Not Subject to Public Information Provisions Source: www.legis.state.tx.us CA Signed into law 10/2009 Postsec. Requires the department of general services to negotiate and establish a model contract with standard contract provisions with both the regents of the University of California (UC) and the trustees of the California State University (CSU) by July 2010. Requires the trustees, and urges the regents to negotiate and establish with the department of general services the model contract applicable to their university by July 1, 2010. Defines "contract" to mean a research, training or service agreement between the state and the UC or CSU, or a grant from the state to the UC or CSU for research, training or service. Requires that, to the extent feasible, these standard contract provisions include, but are not necessarily limited to, provisions relating to specified legal issues. Requires that the standard provisions in a model contract agreed upon be used in contracts entered into between the UC or CSU and the state, unless both contracting parties mutually determine that a specific standard contract provision is inappropriate or inadequate for a specific contract. Authorizes the department of general services to use the services of any state agency, defined to include every state office, officer, department, division, bureau, board and commission, in implementing the bill. Makes the universities responsible for the department's costs related to this legislation. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ab_20_bill_20091011_chaptered.pdf Title: A.B. 20 Source: www.leginfo.ca.gov OH Signed into law 07/2009 Postsec. Defines "entrepreneurial project" as an effort to develop or commercialize technology through research or technology transfer or investment by an institution of higher education or others. Defines "stock or other ownership" as equity or other ownership rights held or received in return for the grant of rights to intellectual property developed by an institution of higher education. Declares that it is the state's public policy for institutions of higher education to facilitate and assist with establishing and developing entrepreneurial projects or to cooperate with any governmental agency in doing so. Specifies the actions a higher education institution's board of trustees may take in furtherance of such public policy. Pages 1488-1489 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf Title: H.B. 1 - Section 3345.35 Source: www.legislature.state.oh.us TX Signed into law 06/2009 Postsec. Creates a select interim committee to study the feasibility of maintaining a searchable electronic database or other data collection regarding specialized technology research projects at Texas public universities or other facilities operated by a state agency, so as to facilitate coordination by universities and facilities on the projects and improve access to and awareness of the specialized research and technologies developed at those institutions and facilities. Requires the study to consider, among other issues, the information the data collection would include, such as (1) a list of projects involving (a) Energy research, including methods of creation, storage, distribution and conservation of energy; (b) Biomedical science research, including research that involves stem cells or human cloning; (c) Nanotechnology research, including nanomedicine; (d) Other specialized technology research; (2) other relevant information, inculding available technology and patents obtained, and public grants or contracts awarded. Also requires the study to examine the current state of public access to information about specialized technology research projects, and best methods of facilitating access to the information. Directs the committee to report its findings and recommendations to the governor, lieutenant governor and speaker of the house by December 2010. Requires the committee's recommendations to include specific legislation to address the need for and feasibility of establishing a data collection as determined by the committee's findings. Provides the committee is abolished January 16, 2011. Pages 29-32 of 36: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00051F.pdf Title: H.B. 51 - Section 18 Source: www.legis.state.tx.us NM Signed into law 04/2007 P-12 Postsec. Changes the calculation for minimum salaries of school principals and assistant school principals. http://legis.state.nm.us/Sessions/07%20Regular/final/HB0035.pdf Title: H.B. 35 Source: http://legis.state.nm.us UT Signed into law 03/2006 Postsec. Recommends that the governor consider the allocation of economic development funds for Centers of Excellence to be matched by industry and federal grants on at least a two-for-one basis for colleges and universities in the state that offer any doctoral degrees; requires the Governor's Office of Economic Development to develop a process to determine whether to require the return of economic development Centers of Excellence grant moneys from a higher education institution if the technology that is developed from grant proceeds is licensed to a licensee that does not maintain a manufacturing or service location in the state from which the technology is exploited or transfers the manufacturing or service location out of state within a five-year period after the issuance of the license. http://www.le.state.ut.us/~2006/bills/sbillenr/sb0112.pdf Title: S.B. 112 Source: http://www.le.state.ut.us/ VA Signed into law 03/2006 Postsec. Community College Defines "qualifying institution" as an institution of higher education in the Commonwealth or its associated intellectual property foundation that adopts a policy regarding the ownership, protection, assignment, and use of intellectual property pursuant to § 23-4.3. Requires that boards of visitors of state-supported institutions of higher education and the State Board for Community Colleges adopt policies regarding the ownership, protection, assignment, and use of intellectual property. Binds all employees of state-supported higher education institutions to intellectual property policies of the institution employing them. Requires the boards of visitors of state-supported institutions of higher education, including the State Board for Community Colleges, to provide a copy of their intellectual property policies to the Governor and the Joint Commission on Technology and Science. Defines "intellectual property" as (i) a potentially patentable machine, article of manufacture, composition of matter, process, or improvement in any of those; (ii) an issued patent; (iii) a legal right that inheres in a patent; or (iv) anything that is copyrightable. Authorizes boards of visitors, the State Board for Community Colleges, or their designees to assign any interest they possess in intellectual property or in materials in which the institution claims an interest, provided such assignment is in accordance with the terms of the institution's intellectual property policies. Requires The president of each state-supported institution of higher education, including the chancellor of the Virginia Community College System, to report annually to the Governor and the Joint Commission on Technology and Science regarding the assignment of any intellectual property interests by that institution. This bill reflects the Governor's substitute language. http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0077 Title: H.B. 134 Source: http://leg1.state.va.us NM Signed into law 04/2005 Postsec. Community College Creates the technology research collaborative; relates to higher education. Included in the act is: "The purposes of the collaborative are to: (1) establish advanced technology centers based on the wealth of scientific and technical talent that exists in the member institutions; (2) develop and create new intellectual property for the state and encourage new opportunities for business and increased jobs; (3) commercialize the intellectual property; and (4) create a work force to support enterprises based on the intellectual property." http://legis.state.nm.us/Sessions/05%20Regular/final/SB0169.pdf Title: S.B. 169 Source: http://legis.state.nm.us/ UT Approved by voters 11/2004 Postsec. Authorizes the state or a public institution of higher education to acquire an ownership interest in a private business in exchange for rights to intellectual property developed by the state or public institution of higher education. http://vote-smart.org/election_ballot_measures_detail.php?ballot_id=M000001123 Title: Constitutional Amendment 2 Source: http://vote-smart.org/index.htm AK Signed into law 04/2004 Postsec. Provides that the president of the University of Alaska may approve a contract between the University of Alaska and an employee that authorizes the employee to conduct research or other development of intellectual property and to develop, operate, or own a business related to or resulting from the research conducted during the employment; provides that the business may be jointly owned by the employee and the University of Alaska. http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0282Z&session=23 Title: H.B. 282 Source: Alaska Legislative Web site RI Signed into law 07/2003 Postsec. This act would provide that researchers at institutions of higher education may form relationships with or hold interests in commercial ventures stemming from their research. The act would provide procedures for approval of such relationships and for the development of conflict of interest regulations and guidelines governing such relationships. http://www.rilin.state.ri.us/PublicLaws/law03/law03158.htm Title: H.B. 6154, S.B. 864 Source: StateNet VA Signed into law 03/2003 Postsec. Authorization to transfer interest in patents and copyrights owned by institutions of higher education. Title: H.B. 2285 Source: StateNet OR Approved by voters 05/2002 P-12 Postsec. (Ballot Measure No. 10) Proposes a Constitutional Amendment in that the state may hold and dispose of stock received in exchange for technology created in whole or in part by a public institution of post- secondary education received prior to December 5, 2002, as a state asset invested in the creation or development of technology or resources within Oregon. Title: V. 1 Source: Lexis-Nexis/StateNet VA Signed into law 04/2002 Postsec. Directs the Research and Technology Advisory Commission to develop and adopt a statewide policy and uniform standard for the commercialization of intellectual property developed through university research. Title: H.B. 530 Source: Lexis-Nexis/StateNet