Repository: UIHistories Project: Board of Trustees Minutes - 1942 [PAGE 763]

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760

BOARD OF TRUSTEES

[January 24

(3) Public governmental agencies, including the United States Government and its agencies, and any of the states of the Union and their agencies, not interested in or concerned about patentable discoveries; (4) Technical societies, committees, Foundations, and the like which sponsor special or specific researches, but are not interested in or concerned about patentable discoveries which may grow out of the research. II T h a t sponsors falling within groups (1) and (2) will be expected to enter into contracts containing, among other things, the following clauses and paragraphs: "It is agreed that all results of experimental work, including patentable discoveries, carried on under the direction of the scientific staff of the University, belong to the University and to the public and shall be used and controlled so as to produce the greatest benefit to the public. It is agreed that if patentable discoveries grow out of the investigation and such discoveries have commercial value, the sponsor, upon payment of the entire cost of securing a patent, shall be given free use of the patent as a non-exclusive license, it being agreed that other licensees shall pay the University a royalty which in the opinion of the University is fair to the sponsor and to the public. T h e sponsor shall notify the University in writing whether it will pay the costs of filing an application and procuring a patent on any discoveries which may be patentable, within sixty days from the date when the University gives the sponsor notice of any such discovery. In case the sponsor does not wish to assume the expense of securing a patent, the University may, in its discretion, do so, and the sponsor shall be given a non-exclusive license upon substantially similar terms as other licensees. "Ninety per cent of the money contributed to this investigation shall be held as a special fund and shall be so carried on the books of the Comptroller of the University. Payments from this fund shall be made only on vouchers approved by the—(insert here name of department head supervising work)—for this work. At the close of the period covered by this agreement, the Comptroller shall render an accounting to the sponsor. As partial reimbursement to the University for compensation and for retirement insurance, a general charge of not less than ten per cent will be deducted from the payments made by the sponsor. All special apparatus for this investigation and not available in the laboratories of the University shall be purchased from, and charged against the funds provided by the sponsor for this purpose. All equipment and materials shall be the exclusive property of the University and no exception to this rule shall be made without the approval of the Board. "It is agreed by the sponsor that it will not under any circumstances use the name of the University in any advertisement, whether with reference to the cooperative agreement or any other matter." 1

Ill

Sponsors falling within groups (3) and (4) will be expected to sign a contract in the form the University has been using heretofore, except that it should contain the following, or its substantial equivalent: "It is agreed by the parties to this contract that all results of experimental work, including patentable discoveries, carried on under the direction of the scientific staff of the University belong to the University and will be used and controlled so as to produce the greatest benefit to the public." IV In all cases of existing special research agreements, executed prior to January I, 1942, where the sponsor requests an extension, the extension may be agreed to by the University for not to exceed one year, with notice to the sponsor that if further extensions be desired they must be made on terms conforming with the general principles stated in I, I I , and I I I of these proposals, and they shall be informed of the exact terms on which such extensions will be made. *As amended by the Board, February 14, 1942 (Minutes, page 772).