Difference between revisions of "Florida Atlantic University"

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(Policy Excerpts)
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Florida Atlantic University has revised its patent policy twice since 1991.  
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We have located royalty-sharing policies for Florida Atlantic University dating back to at least 1997. The Office of Technology Development did not respond to our inquiry about the start date for the 1997 policy or whether there were earlier policies.
  
 
== Summary ==
 
== Summary ==
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== Policy Excerpts ==
 
== Policy Excerpts ==
  
=== Current Policy ===
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=== Current Royalty-Sharing Policy (Effective Aug. 16, 2001) ===
  
[http://universitypatentdata.com/images/1/16/2001_Florida_Atlantic.pdf 2001 Policy]
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*[https://web.archive.org/web/20160728155319/https://www.fau.edu/research/docs/policies/technology-development/ip_policy.pdf 2013 Policy (PDF)]
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*[http://universitypatentdata.com/images/1/16/2001_Florida_Atlantic.pdf 2001 Policy (PDF)]
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*[https://web.archive.org/web/20020309170215/http://www.fau.edu:80/research/ott.html 2001 Policy (Internet Archive)]
  
''With regard to any Work or Invention owned by the University, Net Income, less any foreseeable
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Florida Atlantic's royalty-sharing policy has remained consistent since 2001, although other aspects of its IP policy have changed. Here is the relevant policy language:
Development Expenses OTT or FARC deems necessary to defend or maintain the Work or Invention, will be
 
distributed as follows:
 
  
''To Cap A: 100% to the Creator
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''With regard to any Work or Invention owned by the University, Net Income, less any foreseeable Development Expenses OTT or FARC deems necessary to defend or maintain the Work or Invention, will be distributed as follows:
  
''From Cap A to Cap B: 50% to the Creator
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{| class="wikitable"
 
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!
''Above Cap B: 35% to the Creator
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! To Cap A
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! From Cap A to Cap B
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! Above Cap B
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|-
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| Creator                      || 100% || 50% || 35.0%
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|-
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| Creator's research use        ||  0% ||  5% || 6.5%
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|-
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| Creator's Center              ||  0% ||  5% || 6.5%
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|-
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| Creator's Department/Division ||  0% ||  5% || 6.5%
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|-
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| Creator's College            ||  0% ||  5% || 6.5%
 +
|-
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| FAURC                        ||  0% || 30% || 39.0%
 +
|-
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|}
  
 
''Cap A is reached when a total of $5000 of Net Income has been distributed from a license, regardless of the
 
''Cap A is reached when a total of $5000 of Net Income has been distributed from a license, regardless of the
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distributed from a license, regardless of the number of Inventions or Works or Creators associated with such license.''
 
distributed from a license, regardless of the number of Inventions or Works or Creators associated with such license.''
  
=== 1997 Policy ===
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Note that FAURC is the Florida Atlantic University Research Corporation, a nonprofit that serves as Florida Atlantic's licensing arm.
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=== Pre-2001 Policy ===
  
[http://universitypatentdata.com/images/3/33/1997_Florida_Atlantic.pdf 1997 Policy]
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*[https://web.archive.org/web/19970615163503/http://www.fau.edu:80/academic/provost/patent.htm Pre-2001 Policy]
  
 
''In cases where it has been determined by the standing committee that a discovery or invention is the property of
 
''In cases where it has been determined by the standing committee that a discovery or invention is the property of
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''results, it shall be shared, except where specified otherwise by the funding source, on the following basis:
 
''results, it shall be shared, except where specified otherwise by the funding source, on the following basis:
  
''Net Income           Inventor             University
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{| class="wikitable"
 
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! Net Income
''$0 - $5,000             100%                   0%
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! Inventor
 
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! University
''$5,001 - $50,000         50%                 50%
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|-
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| $0 - $5,000     ||      100%           ||        0%
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|-
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| $5,001 - $50,000     ||  50%           ||      50%
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|-
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| $50,001 - Infinite  ||    35%            ||      65%*
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|}
  
''$50,001 - Infinite      35%                 65%*
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''*10% of the University net income from royalties shall be provided to the inventor in the form of a special research account to be utilized for enhancing research and creative activities of the inventor.''
  
''10% of the University net income from royalties shall be provided to the
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Note that the asterisk makes it somewhat ambiguous whether the 10% of university royalties provided for a research account only applies to all university net income or only university net income once total net income has exceeded $50k, but the former seems like the more natural interpretation, especially given the later policy.
inventor in the form of a special research account to be utilized for
 
enhancing research and creative activities of the inventor.''
 
  
== Relevant Links ==
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== Other Relevant Links ==
*[https://web.archive.org/web/20180625193355/http://www.fau.edu/research/technology-development/technology-transfer-process.php Florida Atlantic University Tech Transfer Office]
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*[https://web.archive.org/web/20180625193355/http://www.fau.edu/research/technology-development/technology-transfer-process.php Florida Atlantic University Office of Technology Development]
*[http://universitypatentdata.com/images/1/16/2001_Florida_Atlantic.pdf "Florida Atlantic University Interim Intellectual Property Policy"]
 
*[http://universitypatentdata.com/images/3/33/1997_Florida_Atlantic.pdf "Patent Policy"]
 

Revision as of 23:15, 15 June 2019

We have located royalty-sharing policies for Florida Atlantic University dating back to at least 1997. The Office of Technology Development did not respond to our inquiry about the start date for the 1997 policy or whether there were earlier policies.

Summary

Institution Start End Flat $0-10k $10-50k $50-100k $100-300k $300-500k $0.5-1M >$1M Fee Lab More
Florida Atlantic University 1997 2000 No 0.75 0.50 0.35 0.35 0.35 0.35 0.35 0 Yes No
Florida Atlantic University 2001 2017 No 0.75 0.50 0.50 0.35 0.35 0.35 0.35 0 Yes No

Policy Excerpts

Current Royalty-Sharing Policy (Effective Aug. 16, 2001)

Florida Atlantic's royalty-sharing policy has remained consistent since 2001, although other aspects of its IP policy have changed. Here is the relevant policy language:

With regard to any Work or Invention owned by the University, Net Income, less any foreseeable Development Expenses OTT or FARC deems necessary to defend or maintain the Work or Invention, will be distributed as follows:

To Cap A From Cap A to Cap B Above Cap B
Creator 100% 50% 35.0%
Creator's research use 0% 5% 6.5%
Creator's Center 0% 5% 6.5%
Creator's Department/Division 0% 5% 6.5%
Creator's College 0% 5% 6.5%
FAURC 0% 30% 39.0%

Cap A is reached when a total of $5000 of Net Income has been distributed from a license, regardless of the number of Inventions or Works or Creators associated with such license. Cap B is reached when $100,000 has been distributed from a license, regardless of the number of Inventions or Works or Creators associated with such license.

Note that FAURC is the Florida Atlantic University Research Corporation, a nonprofit that serves as Florida Atlantic's licensing arm.

Pre-2001 Policy

In cases where it has been determined by the standing committee that a discovery or invention is the property of the University, the written contract between the discoverer and the University will reflect a royalty distribution as follows: All expenses incurred by the University or its patent agent in securing a patent will be paid from proceeds prior to distribution of royalties. When the patent agent has title to an invention or patent and income results, it shall be shared, except where specified otherwise by the funding source, on the following basis:

Net Income Inventor University
$0 - $5,000 100% 0%
$5,001 - $50,000 50% 50%
$50,001 - Infinite 35% 65%*

*10% of the University net income from royalties shall be provided to the inventor in the form of a special research account to be utilized for enhancing research and creative activities of the inventor.

Note that the asterisk makes it somewhat ambiguous whether the 10% of university royalties provided for a research account only applies to all university net income or only university net income once total net income has exceeded $50k, but the former seems like the more natural interpretation, especially given the later policy.

Other Relevant Links