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OAR 580-43 Governing Intellectual Property

Oregon Administrative Rules Governing Intellectual Property

Chapter 580, Division 43: Board of Higher Education

Division 43 Policies Relating to Inventions, License Agreements, Educational and Professional Materials Development, Patents and Copyright

580-43-006: Policy
580-43-007: Objectives of Policies
580-43-011: Employee Responsibilities and Rights
580-43-016: Institutional Responsibilities
580-43-026: Office of Administration Responsibilities

580-43-005: Objectives of Patent Policy

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-006: Policy

The Educational and research activities of employees of the Board of Higher Education and its institutions frequently result in the discovery of new knowledge in the form of inventions, technological improvements and the production of educational and professional materials. It shall be the general policy of the Board that such results be made available to the public in the most expeditious manner.

Stat. Auth.: ORS Ch. 351
Hist.: HEB 8-1978, f. & ef. 12-5-78

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580-43-007: Objectives of Policies

It is Board intent to:

  • provide sytematic means of bringing inventions, technological improvements and educational and professional materials into the public domain,
  • encourage the development of new knowledge while protecting traditional academic freedom of employees in the publication of materials, development of inventions and discovery of technological improvements, and
  • establish principles and procedures for equitable sharing net royalty income with employees, and with sponsoring agencies when required by an agreement.

Stat. Auth.: ORS Ch. 351
Hist.: HEB 8-1978, f. & ef. 12-5-78

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580-43-010: Patent Agreement of Employees

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-011: Employee Responsibilities and Rights

As a condition of employment, all Board and institution employees shall agree to assign to the Board rights to:

  • any invention or improvement in technology conceived or developed using institutional facilities, personnel, information or other resources, and
  • educational and professional materials, whether or not registered for copyright, which result from the instructional, research or public service activities of the institutions.

Employees shall be responsible for disclosing to designated institutional representatives all inventions, technological improvements, and educational and professional materials conceived, developed and/or produced during the conduct of normal activities.

Employees shall be responsible for cooperating and assisting Board and institutional representatives responsible for patenting, licensing, registering for copyright, publishing and generally assisting public access to new knowledge resulting from employee activities.

Employees shall be eligible to share in net royalty income from each invention or separate improvement thereof, an amount not to exceed:

  • 40% of the first $50,000, 35% of the next $50,000, and 30% of all additional net royalty income received by the Board for inventions and technological improvements, and
  • 50% of net royalty income from educational and professional materials.

For the limited purposes of administering the policies under Division 43, persons acting in the following capacities shall be entitled to the benefits and subject to the responsibilities of said rules: Graduate teaching assistants, graduate teaching fellows, graduate research assistants and student employees.

Stat. Auth.: ORS Ch. 351
Hist.: HEB 8-1978, f. & ef. 12-5-78; HEB 9-1980, f. & ef. 8-20-80; HEB 1-1982, f. & ef. 4-20-82

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580-43-015: Reporting of Inventions

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-016: Institutional Responsibilities

To manage inventions, technological improvements, and educational and professional materials developed by employees, institutions shall:

  • apply Board-adopted policies and procedures,
  • encourage employee activities which lead to new knowledge,
  • actively seek applications for new knowledge developed by employees,
  • anticipate and comply with conditions in contracts, grants, and agreements with sponsoring agencies, and
  • recommend to the Executive Vice Chancellor or designee contractual agreements, patent applications, and equitable sharing of net royalty income.

Stat. Auth.: ORS Ch. 351
Hist.: HEB 8-1978, f. & ef. 12-5-78; HEB 1-1986, f. & ef. 1-17-86

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580-43-020: Patent Assignment Agreement

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-025: Execution of Contracts and Assignments

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-026: Office of Administration Responsibilities

The Office of Administration shall:

  • assist institutions in the development of procedures implementing board policies,
  • monitor institutional application of Board policies, and
  • review and approve institutional recommendations regarding assignment of rights, applications for patents, execution of licenses and agreements, and distribution of royalties.

Stat. Auth.: ORS Ch. 351
Hist.: HEB 8-1978, f. & ef. 12-5-78

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580-43-030: Research and Development of Inventions with Outside Organizations

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-035: Appointment of Committee

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-040: Duties of the Committee

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-045: Action of Committee To Be Expedited

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-050: Inventor's Royalties

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]

580-43-055: Board's Income From Patent

[HEB 3-1978, f. & ef. 6-5-78; repealed by HEB 8-1978, f. & ef. 12-5-78]