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Contact Us!
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Office of IP Development & Commercialization2010 Levy Avenue, Suite 276-C Tallahassee, FL 32306-2743 Ph: (850) 644-8637 Fax: (850) 644-3675 View Staff Listing
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Policies
The Office of Intellectual Property Development and Commercialization and Legal Counsel within the Office of Research work together to advise and assist faculty and students in disclosing, publishing, copyrighting, and exploiting the results of their University supported research. To a significant degree, these efforts are controlled by University policy, which is presented in detail in the Faculty Handbook. Sections that are particularly important in Technology Transfer are outlined below. Please click on the highlighted section numbers to read the exact language of the Faculty Handbook.
- Copyright Policy
- Patent Policy
- Human Subjects
- Outside Employment
- Conflict of Interest Policy
- Royalty Sharing
- Sponsored Research
- Signature Authority
- U.S. Government Funded Inventions
- Material Transfer Agreements
Copyright Policy 6.19.2 Describes:
(i) The types of material that are and are not governed by Copyright policy
(ii) How these materials may be used internally and externally, and who controls such uses.
(iii) Establishes compensation and royalty sharing terms. (Broadly, authors get 50% of net royalties)
(iv) Establishes procedures for assigning ownership to the University and administering the process. |
Patent Policy 6.19.3 Describes:
For all inventions, whether or not patentable:
(i) The right of the University to claim title, and its obligation to pursue patent protection and public use of inventions made by faculty or staff within the scope of skill and activity implied by their duties as employees.
(ii)Assigns responsibility for managing prosecution and licensing of patents to the Vice President for Research.
(iii) Establishes the division of net royalty proceeds among the inventor, his academic unit, and the University as a whole, represented by its Research Foundation.
(iv) Establishes procedures for disclosure, evaluation, and management of inventions. |
Human Subjects 6.17
Requires review by a Committee appointed by the Vice President for Research of all proposals that involve Human Subjects in research. Administration of this activity is assigned to Legal Counsel within the Office of Research. |
Outside Employment 7.47
Provides that faculty and staff may engage in reasonable and appropriate outside employment, subject to specific approval and reporting actions. |
Conflict of Interest 7.45.1 Identifies the circumstances in which faculty or staff may find that outside activities or interest present a potential conflict of personal interest with the interests of the University or other agencies of the State of Florida. Such activities or interests may still be permitted, if they are disclosed, monitored, and reported according to policy provisions outlined here.
SEE Start Up Company Term Sheet |
6. Royalty Sharing
For Inventions - 6.19.3 (III)(B)(3):
- FSU Policy allows for named inventors to share in a $500 award for each issued U.S. patent. Royalties or other income resulting from inventions in which the University takes title will be distributed as follows:
- For the first $10,000:
- 85% to Inventor(s)
- 15% to University (FSU Research Foundation)
- Once the $10,000 plateau has been reached, net income (gross royalties minus direct costs of patenting, licensing, legal, and other related expenses will be divided as follows:
- 40% to Inventor(s)
- 30% to Inventor(s) Academic Unit(s)
- 30% to University (FSU Research Foundation)
For Works - 6.19.2 (VII)(B)(2)
- 50% to Author(s)
- 50% to University to be divided as follows:
- 25% to FSU Research Foundation
- 25% to the Author(s) Academic Unit(s)
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Sometimes corporate sponsors wish to sponsor research related to FSU innovations and patents. Occasionally, FSU faculty/inventors wish to use intellectual property rights to leverage research funding or affiliate industrial memberships. While the FSU OTT recognizes such connections, license agreements are completely separate and distinct from sponsored research or membership agreements. Sponsored research funds are not royalties and are not shared with inventors. Sponsored Research contracts are handled by the Sponsored Research Office |
8. Signature Authority
The VP of the Research has signature authority on behalf of the Florida State University and Florida State University Research Foundation for licenses, material transfer agreements, industrial contracts, and other agreements relating to intellectual property. While the University does encourage faculty to establish industrial contacts, faculty are not authorized to sign agreements that obligate the University to assign or license intellectual property rights to another entity |
9. Federally-Funded Inventions
FSU, like all other research Universities, is governed by the Bayh-Dole Act, which provides that any inventions made with assistance from the U.S. Government shall be disclosed in a timely manner, and comply with other regulatory actions. The Act allows for FSU to elect to retain title to inventions conceived or reduced to practice. In addition, FSU must grant the U.S. government a royalty free license for governmental purposes, give preference to U.S. manufacturers; give preference to small businesses and share royalties with inventors. We must periodically report our licensing activity to the Government. |
10. Material Transfer Agreements
Material Transfer Agreements are handled by Ms. Betty Southard:
Betty Southard
Legal Counsel
Florida State University
(850)644-8632
esouthar@mailer.fsu.edu
For a useful primer on MTAs from the Council of Governmental Relations click here. |
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Inventors and Authors
