Duke University

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Since 1990, Duke University has three iterations of its royalty sharing policy (although the inventor's share remained the same in the 1997 and 2016 policies).

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

2016 Policy

2016 Policy

The 2016 Policy differs slightly from the 1997 Policy, but not with respect to the inventor's royalty share. Instead, the percentages divvied among other university entities differs between the two policies.

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 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 a part of share in accordance with V.C.2.a.(4) below
  3. ten percent (10%) thereof to the inventor's department/organizational unit
  4. thirty percent (30%) thereof to be directed to the school of the inventor’s primary appointment.
income from $500,000 to $2,000,000:
  1. thirty-three percent (33%) thereof to the inventor
  2. fifteen percent (15%) thereof to the inventor's laboratory unit until, in the Faculty Handbook, 2016 P-11 discretion of the President after consultation with the Chancellor 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 a part of V.C.2.b.(4) below
  3. fifteen percent (15%) thereof to the inventor's department/organizational unit
  4. thirty-seven percent (37 %) thereof to the school of the inventor’s primary appointment.
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 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 a part of V.C.2.c.(4) below
  4. fifteen percent (15%) thereof to the inventor's department/organizational unit
  5. thirty-five percent (35 %) 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.

1997 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

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