Common use of Discoveries and Inventions Clause in Contracts

Discoveries and Inventions. When used in this agreement, the term "Patent" (and derivatives of that term) shall be understood to mean that bundle of rights that protect inventions or discoveries which constitute any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof; new, original and ornamental designs for an article; and plant patents being for the asexual reproduction of a distinct and new variety of plant, including cultivated sprouts, mutants, hybrids, and new found seedlings, other than a tuber propagated plant or plant found in an uncultivated state. 20.1.1 In accordance with Ohio Revised Code 3345.14(B) all rights to and interests in discoveries, inventions, or patents, which result from research or investigation conducted in any experiment station, bureau, laboratory, or research facility of the University or with funding provided by the University shall be the sole property of the University. All rights and interests in software, although it is copyrightable, shall be the property of the University when it is required for an invention or is part of an invention. Bargaining Unit Faculty Members who make or participate in the making of such discoveries or inventions in the course of fulfilling their University responsibilities or with use of University resources shall promptly disclose their discovery or invention to the Chief Intellectual Property Officer, using the disclosure form prescribed by that official. Use of this form has the effect of initiating the process of review for patentability and commercializability. 20.1.2 The University will not license a discovery or invention (or patent(s) thereupon) disclosed by a Bargaining Unit Faculty Member(s) without first consulting in good faith with the Member(s). 20.1.3 The University will not sell a discovery or invention (or patent(s) thereupon) disclosed by a Bargaining Unit Faculty Member(s) without first consulting in good faith with the Member(s). 20.1.4 Rights to inventions arising in the course of government or other externally sponsored research are controlled by the terms of the agreement between the University and the sponsor and/or applicable federal regulations.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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