The Intellectual Property Disclosure Process Michael Doran, Systems Librarian University of Texas at Arlington Prepared Talk - Code4Lib 2007.

Slides:



Advertisements
Similar presentations
Pension Fund Trustees Liability Ncedi Mbongwe. Introduction to Camargue Underwriting Managers Established in 2001 Underwriters: Mutual and Federal and.
Advertisements

IMPORTANT READ CAREFULLY BEFORE USING THIS PRODUCT LICENSE AGREEMENT AND LIMITED WARRANTY BY INSTALLING OR USING THE SOFTWARE, FILES OR OTHER ELECTRONIC.
Policies and Issues Regarding Intellectual Property Developed at Iowa State University Presentation to Energy Center Grantees/ BECON Users 12/12/03 Kenneth.
Innovations in Structured Products October 25, 2010 An Innovator’s Dilemma?
Research Development for Android Coopman Tom. What is Android?  Smartphone operating system  Google  Popular  ‘Easy to develop’  Open-Source  Linux.
Doc.: IEEE /024 Submission January 2001 Jim Carlo, Texas InstrumentsSlide 1 Patents and IEEE 802 Stds IEEE 802 Chair’s Viewpoint Jim Carlo General.
The New Books List An Open-Source Software Case Study Michael Doran Systems Librarian University of Texas at Arlington Friday, September 30, 2:50-4:00.
Introduction to Intellectual Property using the Federal Acquisitions Regulations (FAR) To talk about intellectual property in government contracting, we.
Jul The New Geant4 License J. Perl The New Geant4 License Makes clear the user’s wide- ranging freedom to use, extend or redistribute Geant4, even.
Standards and Guidelines for Web Page Publishing December 9, 2009.
Content Management Systems …mostly Umbraco ALL ABOUT.
An Educational Computer Based Training Program CBTCBT.
HOSPITAL COPYRIGHT TOOLKIT A Guide to the Canadian Copyright Act A Presentation prepared by Jan Figurski, MLS Mary McDiarmid, MISt, AHIP c2007.
Middleware Promises Warranties that Don’t Indemnities that Won’t Stephen Rubin, Esquire
End User License Agreement Permission to use and redistribute this Document is granted, provided that (1) the below copyright notice appears in all copies.
Andrew McNab - License issues - 10 Apr 2002 License issues for EU DataGrid (on behalf of Anders Wannanen) Andrew McNab, University of Manchester
Therapeutic area breakdown of lead projects in development for first launch in 2005 APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM ©
Custom Software Development Intellectual Property and Other Key Issues © 2006 Jeffrey W. Nelson and Iowa Department of Justice (Attach G)
University of North Texas Technology Transfer Process.
IBIS-AMI and Direction Decisions
UNT Technology Transfer Process For additional details see the UNT Intellectual Property Policy UNT retains ownership of the technology Intellectual.
Our Global Community. Activity 1: Our Global Community LIMITED LICENSE TO MODIFY. These PowerPoint® slides may be modified only by teachers currently.
Training II: Software, Publications, IP, and Export Control Issues L. Meixler Many researchers tend not to regard software as IP. They often share software.
How to Publish Your Code on COIN-OR Bob Fourer Industrial Engineering & Management Sciences Northwestern University COIN Strategic Leadership Board.
Resource Management in OGSA Authored by the CMM-WG.
International Telecommunication Union New Delhi, India, December 2011 ITU Workshop on Standards and Intellectual Property Rights (IPR) Issues Philip.
1 “Something to put it in perspective…” Slide Show Name “Something to put it in perspective…” Presented by: Andy Lindsay Parallax, Inc.
Changing Databases This presentation gives a quick overview on how to change databases in Osprey.
Life in Other Countries. Activity 2: Life in Other Countries LIMITED LICENSE TO MODIFY. These PowerPoint® slides may be modified only by teachers currently.
National Alliance for Medical Image Computing Licensing in NAMIC 3 requirements from NCBC RFA (paraphrased)
Proportion of total R&D expenditure by therapeutic area in 2005 APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM © THOMSON REUTERS Your.
Oracle Fusion Applications 11gR1 ( ) Functional Overview (L2) Manage Inbound Logistics (L3) Manage and Disposition Inventory Returns.
Global R&D expenditure, development times, global pharmaceutical sales and new molecular entity output MARCH 2008 SOURCE: CMR INTERNATIONAL.
2005/2006 Expenditure on biotech derived entities had remained constant APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM © THOMSON REUTERS.
Number of pharmaceutical patent applications and granted patents for 5 major patent issuing authorities JUNE 2008 SOURCE: DERWENT WORLD PATENTS.
Invasive Species. Activity 4: Invasive Species LIMITED LICENSE TO MODIFY. These PowerPoint® slides may be modified only by teachers currently teaching.
Copyright Donna Min Shiroma School Library Services Advanced Technology Research Branch Office of Curriculum, Instruction and Student Support © September.
Nomenclature for the OGSA Platform document Fred Maciel.
INTEL CONFIDENTIAL Intel® Smart Connect Technology Remote Wake with WakeMyPC November 2013 – Revision 1.2 CDI/IBP #:
Regulatory approval times between submission and marketing authorization approval APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM.
For Oracle employees and authorized partners only. Do not distribute to third parties. © 2008 Oracle Corporation – Proprietary and Confidential.
1 of 26 For Oracle employees and authorized partners only. Do not distribute to third parties. © 2009 Oracle Corporation – Proprietary and Confidential.
Doc.: IEEE /0054r0 Submission January 2005 Jesse Walker, Intel CorporationSlide 1 JTC1 Ad Hoc Agenda Notice: This document has been prepared to.
Allocation of R&D expenditure in 2005 between chemical entity and biological or biotech active substances APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE.
Copyright ©2006 CA. All rights reserved. All trademarks, trade names, services marks and logos referenced herein belong to their respective companies.
Ideas about Evolution. Activity 14: Ideas about Evolution LIMITED LICENSE TO MODIFY. These PowerPoint® slides may be modified only by teachers currently.
The Alien Flight Student Program AFSP An overview of the applications that encompass the AFSP Program COPYRIGHT AND GOVERNMENT PURPOSE RIGHTS NOTICE Copyright.
Copyright © 2012, Oracle and/or its affiliates. All rights reserved. Oracle Proprietary and Confidential. 1.
Copyright ©2006 CA. All rights reserved. All trademarks, trade names, services marks and logos referenced herein belong to their respective companies.
Camargue Commercial Crime
An Open-Source Software Case Study
Resource Management in OGSA
OGSA Service Classifications
The Intellectual Property Disclosure Process
BIOLOGY / CHEMISTRY CITATIONS GROWTH
Automation in an XML Authoring Environment
Messaging in the Media TOP 10 AUDIENCES BY THERAPY AREA
Internet2 Intellectual Property Framework Update
2006 Revenue continued to depend on a relatively small number of products APRIL 2007 SOURCE: CMR INTERNATIONAL PERFORMANCE METRICS PROGRAM © THOMSON REUTERS.
, R&D expenditure showed 6% growth annually
WG Technical Editor’s Report
Motivation for 36OU Open Rack
Selection Procedure Recommendation
The Intellectual Property Disclosure Process
APACHE LICENSE HISTORICAL EVOLUTION
BEMS user Manual Fundación cartif.
© Healthcare Inspirations. All rights reserved
WG Technical Editor’s Report
2019 MEDICARE AGE-IN STUDY SENIOR MARKET INSIGHTS SERVICE Part IV
Selection Procedure Recommendation
Presentation transcript:

The Intellectual Property Disclosure Process Michael Doran, Systems Librarian University of Texas at Arlington Prepared Talk - Code4Lib Athens, GA Releasing Open Source Software in Academia

Michael Doran - Code4Lib Athens, GA A typical path to open source Your library had a need You wrote some software You think the software would be useful to other libraries, so you decide to make it available as free software You slap on a GNU General Public License (or maybe no license at all) and put the source code up on the web GNU GPL

Michael Doran - Code4Lib Athens, GA What this presentation is about You slap on a GNU General Public License (or maybe no license at all) and put the source code up on the web You seek permission from your University to release the application as open source (free) software and if approved, you distribute it Intellectual property disclosure process

Michael Doran - Code4Lib Athens, GA The sad, old truth... You may be the sole author(s) and: written every single ‘bit’ of the code slaved for hours over a hot stove computer done a lot of the programming on your own time, on evenings and weekends been brilliantly creative (or at least clever) But you likely don’t own the copyright and can’t decide (on your own) to release the software as open source

Michael Doran - Code4Lib Athens, GA...the dirty lowdown If you used any university resources in the creation of your software: work time university funds a university computer collaborated with other university staff Then the university probably owns the copyright and you must petition them for permission to release what you have created

Michael Doran - Code4Lib Athens, GA Who owns intellectual property?* Intellectual property that is related to an individual's employment responsibility, or has resulted either from activities performed by an individual while employed by The University of Texas System, or supported by State funds, or while using The University of Texas System facilities belongs to The University of Texas (Part Two, Chapter XII, Section 5.2, Rules and Regulations of the Board of Regents of The University of Texas System). These Rules and Regulations govern all U.T. Arlington employees, candidates for masters and doctoral degrees, and predoctoral and postdoctoral fellows. The University's right to intellectual property is not dependent on the source of funding for research. Intellectual property that results from research supported by a grant or contract with a federal agency or with a profit or non-profit entity, or by a private gift or grant to The University of Texas most often will also belong to the University (Section 5.3). The Intellectual Property Policy requires assignment of the intellectual property by the inventor to the Board of Regents or other appropriate entity. This provision is necessary since the assignment legally designates the owner of the intellectual property. * From the University of Texas at Arlington Intellectual Property Handbook

Michael Doran - Code4Lib Athens, GA Intellectual property simplified Intellectual property that is related to an individual's employment responsibility, or has resulted either from activities performed by an individual while employed by The University of Texas System, or supported by State funds, or while using The University of Texas System facilities belongs to The University of Texas (Part Two, Chapter XII, Section 5.2, Rules and Regulations of the Board of Regents of The University of Texas System). These Rules and Regulations govern all U.T. Arlington employees, candidates for masters and doctoral degrees, and predoctoral and postdoctoral fellows. The University's right to intellectual property is not dependent on the source of funding for research. Intellectual property that results from research supported by a grant or contract with a federal agency or with a profit or non-profit entity, or by a private gift or grant to The University of Texas most often will also belong to the University (Section 5.3). The Intellectual Property Policy requires assignment of the intellectual property by the inventor to the Board of Regents or other appropriate entity. This provision is necessary since the assignment legally designates the owner of the intellectual property. Intellectual property......blah, blah, blah......belongs to The University

Michael Doran - Code4Lib Athens, GA Intellectual property disclosure Your university (almost assuredly) has: an office/department that handles intellectual property (IP) issues intellectual property policies and procedures an intellectual property disclosure process University of Texas at Arlington Vice President for Research Office of Technology Management  Intellectual Property Handbook Intellectual Property Handbook  Intellectual Property Disclosure Form ( DOC ) Intellectual Property Disclosure Form Intellectual Property Committee

Michael Doran - Code4Lib Athens, GA Intellectual property disclosure Other examples University of Georgia Office of the Vice President for Research  Intellectual Property Policy Intellectual Property Policy  Copyright Disclosure Form ( DOC ) Copyright Disclosure Form Georgia Tech Office of Technology Licensing  Copyright Disclosure Form ( DOC ) Copyright Disclosure Form  Software Disclosure Form ( DOC ) Software Disclosure Form Intellectual Property Policy

Michael Doran - Code4Lib Athens, GA Does this IP stuff apply to me? Very likely “yes” – ask if you’re not sure Does it apply to this particular software? Use common sense and/or ask Size/complexity/originality of program Likelihood of notoriety/popularity/success The “Sorry, I didn’t know any better” excuse and/or the “I figured it’s easier to ask for forgiveness than permission” strategy may only work one time (or not)

Michael Doran - Code4Lib Athens, GA My stories, or, why listen to me? Successfully shepherded two software applications through our university’s intellectual property (IP) disclosure process in order to (legitimately) release them as open source / free software: New Books List ShelfLister And... I’ve also done IP things the wrong way

Michael Doran - Code4Lib Athens, GA Story #1 – beginner’s luck Very unpolished programming – was intended to be an example rather than a product Source code “illicitly” published on web App downloaded and used by other libraries No IP disclosure had been done Comes to the attention of Library director, who instructs me to contact University’s Intellectual Property Committee A belated IP disclosure process...

Michael Doran - Code4Lib Athens, GA The IP disclosure process at UTA* Decide if software is “license worthy” Obtain, fill out, and submit IP disclosure form (and copy of source code) Get on schedule for IP Committee meeting Make “pitch” to Committee Committee sends recommendation to Provost Provost makes final decision Petitioner is notified Takes about six weeks (if all goes well) * The University of Texas at Arlington

Michael Doran - Code4Lib Athens, GA UTA “open source” license Copyright , The University of Texas at Arlington ("UTA"). All rights reserved. By using this software the USER indicates that he or she has read, understood and will comply with the following: UTA hereby grants USER permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee, provided that: 1. the above copyright notice appears in all copies of the software and its documentation, or portions thereof, and 2. a full copy of this notice is included with the software and its documentation, or portions thereof, and 3. neither the software nor its documentation, nor portions thereof, is sold for profit. Any commercial sale or license of this software, copies of the software, its associated documentation and/or modifications of either is strictly prohibited without the prior consent of UTA. Title to copyright to this software and its associated documentation shall at all times remain with UTA. No right is granted to use in advertising, publicity or otherwise any trademark, service mark, or the name of UTA. This software and any associated documentation are provided "as is," and UTA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF THE SOFTWARE, MODIFICATIONS, OR ASSOCIATED DOCUMENTATION WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. UTA, The University of Texas System, its Regents, officers, and employees shall not be liable under any circumstances for any direct, indirect, special, incidental, or consequential damages with respect to any claim by USER or any third party on account of or arising from the use, or inability to use, this software or its associated documentation, even if UTA has been advised of the possibility of those damages. Submit commercialization requests to: The University of Texas at Arlington, Office of Grant and Contract Services, 701 South Nedderman Drive, Box 19145, Arlington, Texas , ATTN: Director of Technology Transfer.

Michael Doran - Code4Lib Athens, GA UTA “open source” license Copyright , The University of Texas at Arlington ("UTA"). All rights reserved. By using this software the USER indicates that he or she has read, understood and will comply with the following: UTA hereby grants USER permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee, provided that: 1. the above copyright notice appears in all copies of the software and its documentation, or portions thereof, and 2. a full copy of this notice is included with the software and its documentation, or portions thereof, and 3. neither the software nor its documentation, nor portions thereof, is sold for profit. Any commercial sale or license of this software, copies of the software, its associated documentation and/or modifications of either is strictly prohibited without the prior consent of UTA. Title to copyright to this software and its associated documentation shall at all times remain with UTA. No right is granted to use in advertising, publicity or otherwise any trademark, service mark, or the name of UTA. This software and any associated documentation are provided "as is," and UTA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF THE SOFTWARE, MODIFICATIONS, OR ASSOCIATED DOCUMENTATION WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. UTA, The University of Texas System, its Regents, officers, and employees shall not be liable under any circumstances for any direct, indirect, special, incidental, or consequential damages with respect to any claim by USER or any third party on account of or arising from the use, or inability to use, this software or its associated documentation, even if UTA has been advised of the possibility of those damages. Submit commercialization requests to: The University of Texas at Arlington, Office of Grant and Contract Services, 701 South Nedderman Drive, Box 19145, Arlington, Texas , ATTN: Director of Technology Transfer. UTA hereby grants USER permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee [...] [...] provided that:

Michael Doran - Code4Lib Athens, GA A year in intellectual property limbo

Michael Doran - Code4Lib Athens, GA Story #2, a cautionary tale This time, I submit an IP disclosure prior to release Intellectual Property Committee recommends that the university not allow the free release of this software (and the Provost concurs) The Technology Transfer Office attempts to license the application to the ILS vendor When that fails, the Technology Transfer Office devises a plan to charge a fee to individual libraries who want to use the application After a year of this, I send letter to the Vice President for Research, asking for another opportunity to meet with the Intellectual Property Committee I make a better case for free release -- happy ending

Michael Doran - Code4Lib Athens, GA Have a plan Find out about process beforehand Understand the committee’s viewpoint represent the university’s interests conservative/cautious Work out a strategy Be clear about what you want and why Add context (especially regarding open source) if necessary

Michael Doran - Code4Lib Athens, GA References Open source and/or free software Definitions Open Source Initiative (OSI) GNU Project Wikipedia Licenses GNU General Public License Other

Michael Doran - Code4Lib Athens, GA Q & A