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Delegation of Authority: Patent Policy (SYS 346)

Delegation of Authority

https://www.wisconsin.edu/uw-policies/uw-system-administrative-policies/patent-policy/

III. Policies 

B. Non-federal Extramural Support, The patent expectations of the many non-Federal funding sources of university research vary. That fact plus the frequent practice of using funds from more than one source in support of a given research project can place an inventor in an ambiguous and even conflicting position with several sponsors. 

The disposition of all inventions generated at a UWS institution, regardless of funding sources, is subject to review by the Chancellor or Chancellor's designee. The purpose of the review is to determine if any contractual obligation exists in connection with and as a result of, the funding leading to the invention.

DELEGATION TO: Vice Chancellor for Administrative Services (or designee)

COMMENT: Makes determination if any contractual obligation exists in connection with, and as a result of, the funding leading to the invention.


D. Procedures for Reporting an Invention. When any member of the staff or student on appointment makes a discovery or invention in pursuing his/her university duties, or on university premises, or with university supplies or equipment, a report of this fact must be made to the Chancellor or his/her designee. The required "Invention Record and Report" form is provided in Appendix II. 

The Chancellor (or designee) will judge the relation of the reported discovery or invention to the purpose of any grant or contract that may be involved.

The Chancellor (or designee) has the ultimate responsibility for determining if an obligation to a grantor does exist and, if so, to insure that such obligations are fully met.

DELEGATION TO: Deans/Division Heads

COMMENT: Responsible to report discovery or invention to Vice Chancellor for Administrative Services (or designee).

DELEGATION TO: Vice Chancellor for Administrative Services (or designee)

COMMENT: Makes judgment about relationship of reported discovery or invention to the purpose of any grant or contract and determination if an obligation to a grantor exists takes steps to insure obligations are fulfilled.


E. Restricted Inventions (Federal) All personnel who, having complied with the established reporting procedure, are advised by the Chancellor's office that their research was funded in whole or in part by a Federal grant, may choose either of two options: 

Option 1: Submit the invention to the designated administrative office or extramural organization which will examine thoroughly the invention and will, when it considers such action is warranted in the public interest, accept assignment of the invention, prepare and file patent applications, and thereafter exercise its best effort to bring the invention quickly and effectively into public use.

Option 2: Propose to the Chancellor or his or her designee that the university assigns the invention to the Federal Government to dispose of as it sees fit. Although the inventor and the Chancellor may recommend whether the invention ought or ought not to be patented, the final decision under this option will be made by the Government.

DELEGATION TO: Vice Chancellor for Administrative Services (or designee)

COMMENT: None


F. Restricted Inventions (Institutional/Staff Contractual Agreements) When the Chancellor's Office determines that an invention or discovery has been made under an institutional or contractual agreement (other than a Federal agreement) the inventor will be advised of the options available. It will be the responsibility of the Chancellor's Office to assure that the obligations of the contract are carried out. 

DELEGATION TO: Chancellor's Office only. No delegation provided.

COMMENT: Makes determination.


G. Unrestricted Inventions. When, after review by the Chancellor or his or her designee, it has been determined that no third party is contractually entitled to exercise control over the proprietary rights in an invention, or that no contractual agreement exists with the institution, the inventor will be so advised and will be free to dispose of the invention. 

DELEGATION TO: Vice Chancellor for Administrative Services (or designee)

COMMENT: Makes determination.




Keywords:G34, 346, delegation of authority, sys policy, policy, patent policy, non-federal extramural support   Doc ID:55628
Owner:Denise L.Group:UW Platt Admin Services
Created:2015-08-26 13:46 CDTUpdated:2020-01-15 11:02 CDT
Sites:UW Platt Admin Services
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