|
1.
|
The objective of the College patent policy is to
facilitate the invention, transfer, and application of new technology which
promises to be of benefit to the general public and, at the same time, to
protect the interests of the inventor and the College. It applies to all
employees and students of Dartmouth
College.
|
|
2.
|
Limitations exist with respect to the extent and manner
in which the College, as a tax-exempt institution, may be involved in the exploitation
of invention. This statement is not to be interpreted or administered in a
way which jeopardizes this tax-free status. Furthermore, patent law
requires that all inventors, and only the inventors, sign a patent
application.
|
|
3.
|
Patent rights to inventions developed through individual
initiative, not in response to a specific College assignment, and with only
incidental use of College facilities or resources, belong to the inventor;
any royalty income accrues to the inventor alone.
|
|
4.
|
When an individual’s effort in developing a device
or securing a patent is significantly assisted by the use of College
facilities, resources, or personnel, the College claims equal ownership
with the inventor in the patentable invention. The distribution of royalty
income between the inventor and the College is negotiable; however, the
College and the inventor will normally share equally in the royalty income.
|
|
5.
|
Ownership of patentable inventions developed as a result
of assigned College duty resides with the Trustees of Dartmouth College.
The distribution of royalty income between the inventor and the College is
negotiable; however, royalty income will normally be divided as follows:
75% to the College and 25% to the inventor.
|
|
6.
|
The patent policy will be administered by the Dean of
the Faculty of Arts and Sciences or the Dean of the appropriate
professional school. The inventor must deliver a copy of the invention
disclosure to the appropriate Dean within seven days of the date of the
disclosure.
|
|
|
Commentary: The Technology Transfer Office and the
Office of Sponsored Projects are designed to assist and implement this
patent policy.
|
|
7.
|
The College shall have the sole right to determine the
disposition of inventions in which it has an equity. A decision to exercise
this right shall be transmitted in writing to the inventor, within 180 days
of the date of disclosure of the invention. When the College elects not to
exercise its right, such right devolves on the inventor.
|
|
8.
|
When a patentable invention is developed through a
sponsored grant or contract, the special provision contained in the grant
or contract must prevail. In the absence of such special provisions, the normal
College policy applies. The Technology Transfer Office or the Office of
Sponsored Projects should be contacted for required agreements.
|
|
|
Commentary: Federal law enacted in 1980 and amended in 1984 provides
the institution with title to inventions made or conceived in the
performance of federally sponsored research.
|
|
9.
|
Disputes concerning application of the patent policy
shall be resolved by a review panel of three members: a representative of
the inventor, a person designated by the Vice President and Treasurer of
the College, and a third person selected by the two other members. The
decision of the panel may be appealed by any member of the panel to the
President of the College.
|
|
|
Faculty of Arts and Sciences
April 24, 1978
|
|
LEGAL EXPENSES AND DISTRIBUTION OF PATENT INCOME
|
|
|
Under the auspices of the Provost’s Office, the Technology
Transfer Office provides assistance to faculty members in the area of
technology transfer. Initially the Office helps with exploratory patent and
marketing evaluations to determine whether the College is prepared to
exercise its option to sponsor a technology transfer effort. If the
decision is negative, Dartmouth’s rights are signed over to the
originator of the technology.
If the Technology Transfer Office determines that Dartmouth College
wishes to sponsor development of the technology, it will open an account to
which expenses associated with its subsequent efforts are charged. Such
expenses will include all associated invoiced costs such as legal and
patent filing fees, plus an allowance for the institutional effort involved
in patent preparation, license negotiation, and such. This allowance will
be 10% of gross revenues received on any license agreement.
Revenues received will first be used to recover expenses accumulated in
the account associated with that particular technology. Expenses include the Technology Transfer
Office administrative fee (normally 10% of revenue); expenses to prosecute
and maintain a patent; and legal expenses for review/advice of Intellectual
Property and agreements. Following
recovery of expenses net revenues will be split 50% to the College and 50%
to the originator(s). The 50% retained by the College will be divided as
follows:
20% to the Provost's Office
40% to the originator’s Dean’s Office
25% to the originator’s department
15% to the originator’s laboratory
Rev. 08/03
|
