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Peru: you'll never see more species! - eCommons@Cornell - Cornell ...

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posal is passed on to the corporation's<br />

headquarters and to <strong>Cornell</strong>'s own administrative<br />

staff, where the legal details<br />

of the agreement are worked out.<br />

Barker emphasizes that the university<br />

is not involved in designing programs for<br />

its researchers. "<strong>Cornell</strong>," he says,<br />

"should very properly resist functioning<br />

in that corporate sense except [after] the<br />

thrust and the concept is developed by<br />

those who will actually be involved with<br />

the program. Other institutions have<br />

tried to work it the other way around<br />

and I would absolutely resist that at <strong>Cornell</strong>."<br />

He says, for example, that the university's<br />

new biotechnology program was<br />

conceived by a group of faculty members<br />

and ultimately voted upon by the<br />

entire faculty, and that the currently<br />

proposed "supercomputer" and Theory<br />

Patents<br />

The university's patent policy has been<br />

updated in recent years to keep in step<br />

with new federal laws and in hopes of<br />

bringing <strong>Cornell</strong> additional income from<br />

ideas developed by its scientists.<br />

Patentable ideas developed on campus<br />

are assigned to the <strong>Cornell</strong> Research<br />

Foundation, Inc. (CRF), a quasi-independent<br />

subsidiary of the university,<br />

which secures the patents and attempts<br />

to license the inventions to private companies<br />

for marketing. The university's<br />

vice president for research, Prof. Robert<br />

Barker, serves as president of CRF. Income,<br />

after expenses, is shared between<br />

the inventor and the university on a sliding<br />

scale: the inventor's income can<br />

range from 50 per cent of the first<br />

$10,000 down to 15 per cent of earnings<br />

over $100,000. The university's share<br />

goes to the inventor's college, usually to<br />

be spent on <strong>more</strong> research.<br />

Until recently, <strong>Cornell</strong>'s biggest seller<br />

was the process for making honey butter,<br />

developed by Prof. E.J. Dyce, PhD<br />

'31, entomology, in 1931. Lately, the<br />

most profitable inventions have come<br />

out of the College of Veterinary Medicine,<br />

including a vaccine against canine<br />

parvovirus, and a test procedure for<br />

equine infectious anemia developed<br />

under funding by the New York State<br />

Racing Association. Veterinary products<br />

28 CORNELL ALUMNI NEWS<br />

Center ideas are now going through the<br />

same process of discussion.<br />

"We can help," he says, "pull out of<br />

the community those ideas that the community<br />

wants to develop." The resultant<br />

research proposal then involves shared<br />

responsibility between faculty members<br />

and members of the staff of the vice<br />

president for research to take out and<br />

market to possible corporate sponsors.<br />

<strong>Cornell</strong> is becoming <strong>more</strong> aggressive<br />

in marketing its research talent to private<br />

industry. To many, this <strong>see</strong>ms an inevitable<br />

result of changing times—not only<br />

a way to survive, but even a necessary<br />

step to serve the community outside the<br />

ivied walls. The trick, it <strong>see</strong>ms, is to<br />

build a relationship with industry without<br />

compromising the underlying nature<br />

of <strong>Cornell</strong>.<br />

are much easier to bring to market than<br />

medicines for human beings, because<br />

federal testing requirements are less<br />

stringent.<br />

At present there are high hopes for a<br />

computerized Chinese text writer<br />

("High-Tech Linguistics,'' October<br />

1983 News), a method of cloning rare<br />

orchids, a simple method for controlling<br />

powdery mildew on greenhouse plants,<br />

and a realistic Concord grape flavoring.<br />

In the thirty years since CRF was established,<br />

a total of $5.6 million in royalties<br />

has been earned, but about $2 million<br />

of that has come in over the last two<br />

years. It has become much easier to market<br />

faculty members' inventions since<br />

the Government Patent Policy Act of<br />

1980. This law allows universities to <strong>see</strong>k<br />

patents in their own names on ideas developed<br />

with federal funding, and to<br />

grant exclusive licenses on such patents.<br />

In January 1983, <strong>Cornell</strong> adopted a<br />

policy permitting exclusive licensing. According<br />

to Barker, this policy is the best<br />

way to carry out the university's responsibility<br />

to make knowledge available to<br />

society. It's not worthwhile for a company<br />

to make the investment needed to<br />

bring an idea to market, he explains, if<br />

someone else could offer the same product.<br />

"We did the experiment on the com-<br />

munal sharing of the communal property<br />

of basic information, and it doesn't<br />

work in our society," he says. The new<br />

law allows exclusive rights to last only<br />

for a limited period, usually five years<br />

from the date of first commercial sale or<br />

eight years from the date of granting the<br />

license. The university also retains<br />

"march-in rights," which allow it to reclaim<br />

an invention that's not exploited.<br />

When an invention results from research<br />

financed by a private industry,<br />

ownership of the patent will depend on<br />

the terms of the research contract.<br />

Again, <strong>Cornell</strong> tries to retain such rights<br />

wherever possible, sometimes granting<br />

the funder first refusal on licensing.<br />

The actual work of securing patents<br />

and marketing is done by the Patents<br />

and Licensing Office, a division of CRF<br />

directed by H. Walter Haeussler.<br />

According to Haeussler, his office will<br />

be "taking a higher profile" in the future,<br />

going out to the university community<br />

to look for patentable ideas, rather<br />

than waiting for inventors to come in<br />

with them. With the federal redefinition<br />

of patent policy, he says, the university<br />

saw the advantages of ownership; all<br />

new and current employes are being<br />

asked to sign an agreement acknowledging<br />

that right.<br />

Haeussler also hopes to become <strong>more</strong><br />

aggressive in marketing, with CRF perhaps<br />

taking a role in the development of<br />

an invention from a "laboratory curiosity"<br />

into a marketable product.<br />

He believes a lot of inventions are being<br />

given away. "Last year only sixty invention<br />

disclosures came through this<br />

office," he says. "That can't begin to<br />

scratch the surface of the number of inventions<br />

made at this university." —WS<br />

Alumni contribution of patents to the<br />

university is discussed in the Class of<br />

1922 column in this issue.<br />

Funding<br />

At the same time the nation's universities<br />

push for <strong>more</strong> funds for research<br />

from private industry, they are <strong>see</strong>king<br />

to clarify and improve their funding relations<br />

with the federal government.<br />

Dale Cor son, president emeritus of <strong>Cornell</strong>,<br />

is the first chairman of a group un-

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