university of illinois - UIHistories Project

1957] UNIVERSITY OF ILLINOIS I073
PATENTS ON INVENTIONS
Sec. 17. (a) Any discovery or invention (1) which is the result of research
carried on by or under the direction of any employee of the University
and having the costs thereof paid from University funds or from funds under
the control of or administered by the University, or (2) which is made by
any employee of the University as a direct result of his duties with the University,
or (3) which has been developed in whole or in part by the utilization
of University resources or facilities, belongs to the University and shall be
used and controlled in ways to produce the greatest benefit to the University
and to the public.
(b) Such discovery or invention must be submitted to the University
Patent Committee for study as to disposition and recommendation to the
President and Board of Trustees. The University Patent Committee, a subcommittee
of the University Research Board, is appointed by the President
to examine and study discoveries and inventions made by employees of the
University in which the University may have an interest.
(c) The Board of Trustees may direct that such discovery or invention
be:
(1) Released outright to the discoverer or inventor.
(2) Retained by the University in its own right or transferred to the
University of Illinois Foundation for commercial development.
(3) Released to the individual or agency sponsoring the research under
which the invention or discovery was made, if such action is required under
the terms of the research contract with such agency or individual, or is required
by law, or if the interests of the University and the public so indicate.
The discoverer or inventor may be required to apply for a patent and assign
his interest therein. In unusual situations, when in the judgment of the
Patent Committee immediate filing of an application for a patent is necessary
to protect the interests of the University, the Committee may act to accomplish
this prior to the report and recommendation to the Board of Trustees.
(d) In the event that income is received by the University or the University
of Illinois Foundation from any patent assigned in accordance with the
preceding paragraph, all costs of procuring and administering such patent
shall first be paid from such income. A proper share of the remaining net income
shall be paid to the inventor or discoverer. This share is to be determined
solely by the Board of Trustees, after considering the recommendations of the
President and the University Patent Committee.
(e) Contracts or grants from outside sponsors which carry the provision
that the sponsoring agency may determine the disposition of patentable discoveries
developed thereunder may be accepted by the University, when required
by federal statute or the established policies of the sponsoring agency,
and when that agency is governmental or non-profit in character, and when
the action of the University in waiving its rights to such discoveries is determined
to be clearly in the public interest by the committee specified in
paragraph (f), Section 14.
Generally, if patentable discoveries result from research sponsored by an
agency outside the University, preferential treatment in the use of any resulting
patent may be accorded that agency.
(f) The foregoing stated patent policy shall not be construed to include