||Other Working Conditions: Patent Agreement
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On February 13, 1970, the Board of Trustees of Lake Superior State University
adopted by resolution the existing Patent Policy of Michigan Technological
To assist staff members and to recompense the University for its contribution
of employment and facilities, all professional, academic and research employees,
at the time of employment, are required by this resolution to sign the Patent
Agreement and the Supplementary Research Agreement, Form LSSU-239 (Attachments
1 and 2). The Patent Policy and copies of the agreement forms are printed on
the following pages.
At the regular meeting of the Board of Trustees on October 10, 1969, the following
Patent Policy was unanimously adopted:
The research objectives of Lake Superior State University are:
To encourage scholarship and to assist and improve education.
To discover and disclose new knowledge.
To promote the utilization of new discoveries for the public benefit.
To aid, encourage and support industry, particularly within Michigan.
To support the research objectives of State and Federal agencies.
The University supports research for these stated objectives and not merely
because the ideas involved may be potentially profitable. The University employs
research staff for their potential contribution to these stated objectives
and not in expectation of their production of patent income. However, the University's
concern for bringing new developments into public use requires that it be willing
to patent inventions. The following elements of patent policy are designed
to ensure that the University's patent activity will also support the stated
- The University will devote its share of net income from patents to
the support of research and education.
- The University will seek a patent
when it is judged to be an appropriate and effective means of disseminating
knowledge or of promoting the utilization
of new discoveries for the public benefit.
- The University will accept sponsored
research which provides for assignment of patents to the sponsor, when
this is consonant with the objective of supporting
- The University intends that the obligation for disclosure shall
not unduly interfere with prompt publication of research results.
recognizes the equities of the sponsor and inventor, as well as its own,
in any invention devised through the use of funds or facilities
administered by the Institution. The following elements of patent policy
are designed to define these equities:
- In cases in which the University
or its assignee acquires patent rights,
- The University may permit the sponsor or sponsors royalty-free, non-exclusive,
non-transferable right to use the invention.
- The University will provide
a share of the royalty income and/or other income for the inventor
or inventors, this share being 15% of the net income
received by the University for the patent. The subdivision of this
15% among multiple inventors is a matter of agreement among them.
- In cases in which
the sponsor or sponsors acquire patent ownership, the University will provide
a share of royalty income for the inventor or inventors
as provided in b above if the terms of the contract provide for royalty
payments to the University or its assignee; otherwise the University will
for payment of an application award of $100 at the time of filing of the
application. The subdivision of this $100 among multiple inventors is a
matter of agreement among them.
- Subject to administrative decision, the University
may relinquish its equity in any invention to the inventor or inventors.
University claims no equity in inventions developed without the use of
its funds, facilities, or equipment. The following element of patent policy
is designed to provide for assistance to the inventor or inventors in such
- In cases in which the University claims no equity, the University,
at its discretion, may agree to assume the costs of the patent application
to the University or its assignee and to share the royalty income and/or
other income with the inventor or inventors as provided in 5b above.
The University recognizes the right of certain employees to perform consulting
services subject to the terms and conditions on the policy for consultants.
When University equipment is used for such purposes, the University has an
equity in any invention which may be developed.
The following element of patent policy is designed to provide for recognition
of this equity:
The University may permit use of University equipment for
approved consulting purposes with provision for assignment of the
patent to the
use and assignment being subject both to prior agreement by the University
and to payment of a charge in addition to the normal use charge for
agreeing to relinquish its equity in any inventions that result.
The following elements of patent policy are designed to protect the
equities of the inventor or inventors, the sponsor or sponsors, and the
The University will state the terms and conditions of patent
in every research contract that is negotiated.
The University will
require every professional, academic, and research employee to
sign a patent agreement that is in accord with this patent
Where an inventor reduces to practice a conception with the
use of University facilities or in the course of his or her employment,
claim rights even though the conception may have occurred outside
of the inventor's
Patent Agreement Form (PDF)