University of California System

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The current version of the UC Patent Policy was adopted in October 1997. This policy provides for a flat inventor royalty share and was adopted to change the previous 1990 policy, which did not have a flat share. The 1990 policy was itself a change from 1985 policy, which also provided for a flat inventor royalty share.

Summary

Institution Start End Flat $0-10k $10-50k $50-100k $100-300k $300-500k $0.5-1M >$1M Fee Lab More
University of California System 1991 1997 No 0.50 0.50 0.50 0.35 0.35 0.20 0.20 0.15 No No
University of California System 1998 2017 Yes 0.35 0.35 0.35 0.35 0.35 0.35 0.35 0 No No

Policy Excerpts

1997 Policy

[T]he University agrees, following said assignment of inventions and patent rights, to pay annually to the named inventor(s), or to the inventor(s)' heirs, successors, or assigns, 35% of the net royalties and fees per invention received by the University. An additional 15% of net royalties and fees per invention shall be allocated for research-related purposes on the inventor's campus or Laboratory. Net royalties are defined as gross royalties and fees, less the costs of patenting, protecting, and preserving patent and related property rights, maintaining patents, the licensing of patent and related property rights, and such other costs, taxes, or reimbursements as may be necessary or required by law. Inventor shares paid to University employees pursuant to this paragraph represent an employee benefit.

1990 Policy

[T]he University agrees, for and in consideration of said assignment of patent rights, to pay annually to the named inventor(s), or to the inventor(s)' heirs, successors, or assigns, 50% of the first $100,000 of cumulative net royalties and fees per invention received by the University, 35% of the next $400,000 of cumulative net royalties and fees per invention received by the University, and 20% of all additional cumulative net royalties and fees per invention received by the University. Net royalties are defined as gross royalties and fees, less 15% thereof for administrative costs and less the costs of patenting, protecting, and preserving patent rights, maintaining patents, the licensing of patent and related property rights, and such other costs, taxes, or reimbursements as may be necessary or required by law.

1985 Policy

[T]he University agrees, for and in consideration of said assignment of patent rights, to pay annually to the named inventor(s), or to the inventor(s)' heirs, successors, or assigns, 50% of the net royalties and fees received by the University. Net royalties are defined as gross royalties and fees, less 15% thereof for administrative costs, and less the costs of patenting, protecting, and preserving patent rights, maintaining patents, the licensing of patent and related property rights, and such other costs, taxes, or reimbursements as may be necessary or required by law.

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