Harvard University

Harvard has altered its patent policy two times since 1991. Its most recent policy was enacted in 2012.

Summary

Institution	Start	End	Flat	$0-10k	$10-50k	$50-100k	$100-300k	$300-500k	$0.5-1M	>$1M	Fee	Lab	More
Harvard University	1987	2007	No	0.35	0.35	0.25	0.25	0.25	0.25	0.25	0	Yes	No
Harvard University	2008	2011	Yes	0.35	0.35	0.35	0.35	0.35	0.35	0.35	0	Yes	No
Harvard University	2012	2017	Yes	0.35	0.35	0.35	0.35	0.35	0.35	0.35	0.15	Yes	No

Policy Excerpts

Current Policy

Harvard University Royalty Sharing Policy (2011)

Except as otherwise provided in this policy, the following formula will apply to the distribution of Net Royalties among Creators, their respective research laboratories, Departments/Centers and Schools and the University, based on amounts received by Harvard on or after October 4, 2010:

1. with respect to Net Royalties received on Creations reported to OTD prior to October 4, 2011:

Creator personal share – 35%

Administrative fee – 9.75% (15% of total, net of Creator personal share)

Creator research share – 12.75%

Creator Department/Center share (except that if within FAS, or if no Department or Center, to be allocated by Dean of the Creator's School for research purposes) – 12.75%

Creator School share – 17%

President’s share – 12.75%

2. with respect to Net Royalties received on Creations reported to OTD on or after October 4, 2011:

Administrative fee – 15%

Of the remainder:

Creator personal share – 35%

Creator research share – 15%

Creator Department/Center share (except that if within FAS, or if no Department or Center, to be allocated by Dean of the Creator's School for research purposes) – 15%

Creator School share – 20%

President’s share – 15%

2008 Policy

Harvard University Royalty Sharing Policy (2008)

Except as otherwise provided in this policy, the following distribution formula will apply to Net Royalties based on amounts received by Harvard on or after January 1, 2008:

Inventor/Author personal share – 35%

Inventor/Author research share – 15%

Inventor/Author’s Department/Center-directed share (if no department or center to be allocated by Dean of the School for research purposes) – 15%

Inventor/Author School share – 20%

President’s share – 15%

1987 & 1998 Policy

Harvard University Royalty Sharing Policy for IP (1998)

As confirmed by a representative of Harvard, the university's first detailed IP policy was approved in September 1987. That policy resembled the 1998 IP Policy.

In the 1998 Policy, net income is defined as "gross royalties and other income minus administrative, licensing, legal and other related expenses." Creators receive 35% of the first $50,000 of net income and then 25% for net income above $50,000. The creators' department receives 30% of the first $50,000 of net income and 40% for net income above $50,000; the creator(s) "may direct the use of half of the department's share so long as he/she/they remain at Harvard."

Relevant Links

• Harvard University Tech Transfer Office
• Harvard University Royalty Sharing Policy (2011)
• Harvard University Royalty Sharing Policy (2008)
• Harvard University Royalty Sharing Policy for IP (1998)