West Virginia University

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Summary

Institution	Start	End	Flat	$0-10k	$10-50k	$50-100k	$100-300k	$300-500k	$0.5-1M	>$1M	Fee	Lab	More
West Virginia University	1997	2005	Yes	0.30	0.30	0.30	0.30	0.30	0.30	0.30	0	No	No
West Virginia University	2006	2017	Yes	0.40	0.40	0.40	0.40	0.40	0.40	0.40	0	No	No

Policy Excerpts

2017 Policy Excerpt

2017 Intellectual Property Policy

Creator(s) shall retain the rights to pursue related research activities, determine methodologies, draw conclusions, and develop related intellectual property, except to the extent that the Creator(s) are bound by contrary contractual agreements (e.g. sponsored research agreements) or are required by legal or professional considerations to do otherwise.

Creator(s) shall retain rights to intellectual property that does not fall into the definition of Applicable Intellectual Property (created outside the scope of employment or duties to the University and without University Resources). The classification of intellectual property as Applicable Intellectual Property or non-Applicable Intellectual Property shall be determined by the Chair(s) of the Creator’s Department(s)/Division(s), and the Dean(s) of the Creator’s School(s)/College(s). Non-Applicable Intellectual Property may, at the discretion of the Creator(s), be assigned to the University for management under the terms of this Policy.

Net proceeds, after the WVURC is reimbursed for all direct expenses for obtaining intellectual property protection, derived from the license or sale of Applicable Intellectual Property rights to a third party shall be dispersed as follows:

Creator(s): 40%

Creator’s Department/Division: 10%

Creator’s College/School: 10%

WVU Research Corporation: 40%

When co-Creators exist, the Creator’s 40% portion is to be distributed in a ratio determined by the Creators, reduced to a writing (see IP Disclosure Form) and submitted to the OTT. In the absence of such a written determination, the Creator’s share will be distributed evenly between all co-Creators.

If the University opts not to pursue the protection of Applicable Intellectual Property (see Section 2, Paragraph 4 above), the Creator may individually finance the protection, marketing, and licensing of the Applicable Intellectual Property. The University may, at its sole discretion, determine to release to the Creator(s) its ownership rights to any intellectual property upon such conditions as the university deems beneficial and fair to all parties. The transfer of rights must be approved and secured by an assignment agreement with the OTT.

1999 Policy Excerpt

1999 Patent Policy

The University shall share with the inventors any revenue received from patents or inventions. Within the context of this Policy, revenues may be either monetary in nature or any tangible property of value when provided by an external source, under formal agreement with the University, with the explicit expectation of an immediate or future consideration as related to an invention or trade secret of the University.

Specific provisions of grants or contract may govern rights and revenue distribution regarding inventions made in connection with sponsored research; consequently, revenues the University receives form such inventions may be exclusive of payments or royalty shares to donors or contractors.

The University expects to contract with outside persons or organizations to obtain, manage and defend patents. Any royalty shares or expenses committed to such external persons or organizations will be deducted before revenues accrue to the University.

The revenues (net, if applicable under the definition in the first paragraph of Income Sharing) which are derived by the University from a patent or inventions will be applied first to reimburse the University for any direct, incremental expenses incurred by it in investigating patentability, obtaining and maintaining the patent and in the marketing, licensing and defending the patent or licensable invention. After provision for said expenses, such revenues assigned to the University will be shared as follows:

Inventor(s) 30%

Inventor's Department/Division 10%

Inventor's College/School 10%

General University 50%

It is understood that with involvement of more than one college/department or other situations of equity, the revenues shared by the college/department shall be subject to regulation.

The University share, consistent with State and University budget policies, will be dedicated toresearch and to the promotion of patenting and patents.

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