The Legislation

The Legislation

State and Federal legislation is needed to ensure ALL students are protected by law…

In order to protect students we are currently proposing legislation to state and federal lawmakers directing colleges and universities to have distinct policies outlining the ownership of student created intellectual property. We are constantly meeting with lawmakers to implement laws protecting the future of students. Review the legislation currently being presented in Washington D.C.

Download the legislation here: Click Here

Below is an outline of the legislation that is currently being promoted at the national level with your congressional leaders!

Ownership of Undergraduate Intellectual Property at U.S. Public Institutions

Authority of law:

U.S. Constitution:  Commerce Clause, Tax and Spend Power

  • Definition of “undergraduate student IP”:
    • At least one co-inventor or co-author is enrolled as an undergraduate student at a U.S. public institution
  • Substance of law:
    • Default allocation of undergraduate student IP ownership rights in IP policies of U.S. public institutions shall mirror United States IP laws
      • Preserves default inventor control over how the IP is licensed or sold, and under what terms (e.g. allocation of licensing royalties, sale profits, or IP-related startup equity)
    • Introduction of a signed, written “informed consent” standard as a prerequisite for inducing student inventor to transfer away any amount of their IP ownership or related rights
    • Proposed schedule of permissible exceptions requiring student creator’s informed consent:
      • Allocation:
        • Floor of 75% inventor allocation (to be shared amongst co-inventors) in relation to royalties and 100% ownership to the student
        • In other words:  under this category a public institution may not induce a student creator of IP to transfer away any more than 25% of any IP ownership right or IP-related equity right
      • Scope:
        • This is not required to be the case when students are employed to do their research, when research is funded by a federal/private sector funding agency, research was developed while being an employee of the university under an unrelated matter.
        • g. industry-sponsored research or Capstone, use of nonproprietary or publicly-accessible institutional resources.

 

Ownership of Master’s Student Intellectual Property at U.S. Public Institution

Authority of law:

U.S. Constitution:  Commerce Clause, Tax and Spend Power

  • Definition of non-research graduate student
    • Student enrolled or employed by institution primarily to conduct teaching- based activities as opposed to research.  This would be the case when a student is an employee at the time of the initial IP development while in the course of his/her duties, not related to the IP/research developed.
      • g. a Master’s student who only works as a TA
    • Substance of law:
      • Same provisions that apply to undergraduate students
      • Same schedule of exceptions

 

Procedural Requirements on U.S. Public Institutions to Identify and Assist in Protection of Undergraduate Student IP

Authority of law:

U.S. Constitution:  Commerce Clause, Tax and Spend Power

  • Substance of law:
    • Requirement that public institutions engage in reasonable internal monitoring to identify undergraduate programming likely to result in the creation of patent-eligible
      • Must make reasonable efforts to ensure that students involved are made aware of IP laws, relevant campus IP policy, and institutions’ role in assisting with IP-related issues
      • Department of Education or other Cabinet-level agency responsible for promulgating this regulation to provide clearer guidance on compliance
    • Requirement that public institutions offer to provide undergraduate students with potential to create IP with the same level of IP-related services offered to faculty members who create that type of IP
      • g. filing of provisional and full patent applications, NDA management, publishing negotiations, startup advice, etc.

 

Procedural Requirements on U.S. Public Institutions to Identify and Assist in Protection of Master’s Student IP

Authority of law:

U.S. Constitution:  Commerce Clause, Tax and Spend Power

  • Substance of law:
    • Requirement that public institutions engage in reasonable internal monitoring to identify undergraduate programming likely to result in the creation of patent-eligible IP
      • Must make reasonable efforts to ensure that students involved are made aware of IP laws, relevant campus IP policy, and institutions’ role in assisting with IP-related issues
      • Department of Education or other Cabinet-level agency responsible for promulgating this regulation to provide clearer guidance on compliance
    • Requirement that public institutions offer to provide Master’s students with potential to create IP with the same level of IP-related services offered to faculty members who create that type of IP
      • g. filing of provisional and full patent applications, NDA management, publishing negotiations, startup advice, etc.
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