Common use of PATENTS AND COPYRIGHT Clause in Contracts

PATENTS AND COPYRIGHT. [Please see Appendix I – Letter of Understanding re. Intellectual Property Rights, Patents and Copyright.] (a) The Employer will hold the patent rights for any invention, improvement, design or development produced in the course of the Member's employment or with the use of University facilities, support or technical personnel or services. (b) The Member will give notice to the Employer of any patent application in which the Member has an interest. (c) Within ninety (90) days of complete disclosure and warranting by the Member, the Employer will advise the Member of its intent to apply for a patent. Such application is at the Employer's expense, and the Member will cooperate fully in making the application. (d) Members will receive half of any net proceeds of exploitation derived from the commercialization of patents which they have assigned to the University. (e) If the Employer does not elect to apply for a patent, it will notify the Member within the same time period as in Article 36.4, and all rights will revert to the Member, except that the Member will be deemed to have granted the Employer a royalty-free, irrevocable and non-transferable license to use the invention, improvement, design or development for University purposes. (f) The Employer will use at least sixty (60%) of its share of any net proceeds of exploitation derived from inventions to support research and scholarly activities. 36.2 The Employer waives, disclaims and abandons any interest in or claim to any invention, improvement, design or development made by a Member without the use of the University's funds, facilities or support or technical personnel, or not in the course of the Member's employment. Such inventions and patents arising therefrom will be the sole property of the Member who is the inventor.

PATENTS AND COPYRIGHT. [Please see Appendix I – Letter of Understanding re. Intellectual Property Rights, Patents and Copyright.] (a) The Employer will shall hold the patent rights for any invention, improvement, design or development produced in the course of the Member's employment or with the use of University facilities, support or technical personnel or services. (b) The Member will shall give notice to the Employer of any patent application in which the Member has an interest. (c) Within ninety (90) days of complete disclosure and warranting by the Member, the Employer will shall advise the Member of its intent to apply for a patent. Such application is at the Employer's expense, and the Member will shall cooperate fully in making the application. (d) Members will shall receive half of any net proceeds of exploitation derived from the commercialization of patents which they have assigned to the University. (e) If the Employer does not elect to apply for a patent, it will shall notify the Member within the same time period as in Article 36.431.4, and all rights will shall revert to the Member, except that the Member will shall be deemed to have granted the Employer a royalty-free, irrevocable and non-transferable license licence to use the invention, improvement, design or development for University purposes. (f) The Employer will shall use at least sixty (60%) of its share of any net proceeds of exploitation derived from inventions to support research and scholarly activities. 36.2 31.2 The Employer waives, disclaims and abandons any interest in or claim to any invention, improvement, design or development made by a Member without the use of the University's funds, facilities or support or technical personnel, or not in the course of the Member's employment. Such inventions and patents arising therefrom will shall be the sole property of the Member who is the inventor.

PATENTS AND COPYRIGHT. [Please see Appendix I – Letter of Understanding re. Intellectual Property Rights, Patents and Copyright.] (a) The Employer will hold the patent rights for any invention, improvement, design or development produced in the course of the Member's employment or with the use of University facilities, support or technical personnel or services. (b) The Member will give notice to the Employer of any patent application in which the Member has an interest. (c) Within ninety (90) days of complete disclosure and warranting by the Member, the Employer will advise the Member of its intent to apply for a patent. Such application is at the Employer's expense, and the Member will cooperate fully in making the application. (d) Members will receive half of any net proceeds of exploitation derived from the commercialization of patents which they have assigned to the University. (e) If the Employer does not elect to apply for a patent, it will notify the Member within the same time period as in Article 36.422.4, and all rights will revert to the Member, Member except that the Member will be deemed to have granted the Employer a royalty-royalty­ free, irrevocable and non-transferable non­transferable license to use the invention, improvement, design or development for University purposes. (f) The Employer will use at least sixty percent (60%) of its share of any net proceeds of exploitation derived from inventions to support research and scholarly activities. 36.2 22.2 The Employer waives, disclaims and abandons any interest in or claim to any invention, improvement, design or development made by a Member without the use of the University's funds, facilities or support or technical personnel, or not in the course of the Member's employment. Such inventions and patents arising therefrom will be the sole property of the Member who is the inventor. 22.3 Where a Member is a party to a University­administered research contract and an invention is made by the Member in the course of research supported by that contract which has explicit provisions for patents and revenue sharing from such patents, the provisions of that contract take precedence over this Agreement. 22.4 The Employer will not enter into any agreement with a third party which alters the patent rights of Members stated in this Article without their written consent. 22.5 The copyright on all literary work, dramatic works, musical works, artistic works, computer programs or other forms of intellectual property produced or created by Members is vested in the Members who created the works. The benefits that may accrue to Members may be limited only by the terms of external contracts and licensing agreements. 22.6 The Employer will make no claim to the proceeds of publication for which it has provided no more than normal academic facilities, including research grants. 22.7 Whenever a publication subsidy is made, the Employer will stipulate at the time it offers the subsidy if it wishes to negotiate a claim to royalties that may accrue from publication 22.8 Not less than sixty percent (60%) of any funds which accrue to the Employer for royalties from copyrights in which it participates will be used to support research and publication. 22.9 Sponsored/Contracted Research with Copyright Ownership Provisions (a) Article 22.5 does not apply to any copyright resulting from work financed by a grant or contract where the granting or contracting body, as a condition of the grant or contract, requires that any copyrights be assigned to it. (b) Where the Employer specifically commissions the preparation of a particular work relating to the operations or functions of the University, the Employer may enter into a contract with a Member the terms of which give the Employer sole or part ownership in the copyright of any such work. The Employer will provide the Association with a copy of any such contract one (1) week prior to its execution.

PATENTS AND COPYRIGHT. [Please see Appendix I – Letter of Understanding re. Intellectual Property Rights, Patents and Copyright.] (a) The Employer will hold the patent rights for any invention, improvement, design or development produced in the course of the Member's employment or with the use of University facilities, support or technical personnel or services. (b) The Member will give notice to the Employer of any patent application in which the Member has an interest. (c) Within ninety (90) days of complete disclosure and warranting by the Member, the Employer will advise the Member of its intent to apply for a patent. Such application is at the Employer's expense, and the Member will cooperate fully in making the application. (d) Members will receive half of any net proceeds of exploitation derived from the commercialization of patents which they have assigned to the University. (e) If the Employer does not elect to apply for a patent, it will notify the Member within the same time period as in Article 36.422.4, and all rights will revert to the Member, Member except that the Member will be deemed to have granted the Employer a royalty-royalty- free, irrevocable and non-transferable license to use the invention, improvement, design or development for University purposes. (f) The Employer will use at least sixty percent (60%) of its share of any net proceeds of exploitation derived from inventions to support research and scholarly activities. 36.2 22.2 The Employer waives, disclaims and abandons any interest in or claim to any invention, improvement, design or development made by a Member without the use of the University's funds, facilities or support or technical personnel, or not in the course of the Member's employment. Such inventions and patents arising therefrom will be the sole property of the Member who is the inventor.