Duke University

Duke University has changed its patent policy with respect to the inventor royalty share since 1990.

Summary

Institution	Start	End	Flat	$0-10k	$10-50k	$50-100k	$100-300k	$300-500k	$0.5-1M	>$1M	Fee	Lab	More
Duke University	1990	1996	Yes	0.50	0.50	0.50	0.50	0.50	0.50	0.50	0	Yes	No
Duke University	1997	2017	No	0.50	0.50	0.50	0.50	0.50	0.33	0.33	0	Yes	No

Policy Excerpts

Current Policy

1997 Policy

The University will first deduct any direct expenses incurred by it in connection with the initial patenting and commercialization of the invention. Any such expenses incurred by the inventor with the prior approval of the Director of the Office of Science and Technology will also be deducted and paid to the inventor.

The University will then pay and distribute the income remaining after payment of direct expenses in the following manner:

income from $0-$500,000:

1. fifty percent (50%) thereof to the inventor;
2. ten percent (10%) thereof to the Office of Science and Technology
3. ten percent (10%) thereof to the inventor's laboratory unit until, in the discretion of the president after consultation with the chancellor of health affairs or the provost, this distribution equals the maximum amount which can reasonably be expended in that laboratory, after which any excess shall be added to and distributed as part fo the twenty percent (20%) share to be distributed for research support [below]
4. ten percent (10%) thereof to the inventor's department
5. twenty percent (20%) thereof to provide research support in the university as determined by the president upon the advice and counsel of the chancellor for health affairs or the provost

income from $500,000 to $2,000,000:

1. thirty-three percent (33%) thereof to the inventor
2. ten percent (10%) thereof to the Office of Science and Technology
3. fifteen percent (15%) thereof to the inventor's laboratory unit until, in the discretion of the president after consultation with the chancellor of health affairs or the provost, this distribution equals the maximum amount which can reasonably be expended in that laboratory, after which any excess shall be added to and distributed as part fo the twenty percent (20%) share to be distributed for research support [below]
4. fifteen percent (15%) thereof to the inventor's department
5. seven percent (7%) thereof to the inventor's school
6. twenty percent (20%) thereof to provide research support in the university as determined by the president upon the advice and counsel of the chancellor for health affairs or the provost

income $2,000,000 and higher:

1. twenty-five percent (25%) thereof to the inventor
2. ten percent (10%) thereof to the Office of Science and Technology
3. fifteen percent (15%) thereof to the inventor's laboratory unit until, in the discretion of the president after consultation with the chancellor of health affairs or the provost, this distribution equals the maximum amount which can reasonably be expended in that laboratory, after which any excess shall be added to and distributed as part fo the twenty percent (20%) share to be distributed for research support [below]
4. fifteen percent (15%) thereof to the inventor's department
5. five percent (5%) thereof to the inventor's school
6. ten percent (10%) thereof to a quasi-endowment fund established by the university to provide direct support for graduate and post-doctoral research, as the president of the university shall direct
7. twenty percent (20%) thereof to provide research support in the university as determined by the president upon the advice and counsel of the chancellor for health affairs or the provost

1990 Policy

1990 Policy

The University will first deduct any direct expenses incurred by it in connection with the initial patenting and commercialization of the invention. Any such expenses incurred by the inventor with the prior approval of the Director of Technology Transfer will also be deducted and paid to the inventor.

The University will then pay and distribute the income remaining after payment of direct expenses in the following manner:

fifty percent (50%) thereof to the Inventor

ten percent (10%) thereof to the Office of Technology Transfer

ten percent (10%) thereof to the inventor's laboratory

ten percent (10%) thereof to the inventor's department

twenty percent (20%) thereof to provide research support for the University

Relevant Links

• Duke University Tech Transfer Office
• Duke University Policy on Inventions, Patents, and Technology Transfer (1997)
• Duke University Policy on Inventions, Patents, and Technology Transfer (1990)